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HomeMy WebLinkAboutSW8960818_Compliance Evaluation Inspection_20220111Johnson, Kell From: ddilm@bellsouth.net Sent: Tuesday, January 11, 2022 4:54 PM To: Johnson, Kelly Cc: rob.gordon@wilmingtonnc.gov, 'Bob Rippy Subject: [External] RE: Jungle Rapids - State Stormwater (SW8 960818) Attachments: 20220111 Draft of Jungle Rapids State Stormwater Permit Transfer Application.pdf CAUTION: External email. Do not dick links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thank you Ms. Johnson, We greatly appreciate your efforts to resolve the past non -compliant issues. We understand the only remaining item for DEQ compliance is delivery of the city as -built drawings to DEQ. Earlier this afternoon, I left a voice mail for Rob Gordon with the City requesting pdf s of the as -built drawings for the city stormwater project. Our primary objective is to transfer the Jungle Rapids stormwater permit from the current permit holder, Robert S. Rippy, to the proposed permittee JR Family Holdings LLC, Robert S. Rippy the Member Manager. Another objective, when convenient, is JR Family Holdings, LLC would like to establish an electronic record with pdf's of the DEQ files; please let us know when this may be possible - later in the month or in February. We understand a DEQ inspection will be a component of the permit transfer application process. I have attached a copy of the draft permit transfer application form Mr. Rippy has prepared. May we request a cursory review of the attached draft of the transfer application before Mr. Rippy executes it and submits it for DEQ review? Dan Dawson Professional Engineer and Land Surveyor Wilmington, NC ddilm@bellsouth.net (910) 620-4200 From: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Sent: Tuesday, January 11, 2022 3:58 PM To: ddilm@bellsouth.net Subject: FW: Jungle Rapids - State Stormwater (SW8 960818) Mr. Dawson, think the attached email is what you are looking for. There are quite a few more on file. Did you still want to come see the file? If so I can set that up for tomorrow at either 9 or 1. But, I will be leaving town and will not be available again until 1/19. But, it could be any time between 9 and 4 on 1/19. But, regardless of the actions that took place years ago, the process is still the same for a transfer. Projects are always inspected. Then, if issues are identified, we either get those issues resolved prior to transfer or we set up a Schedule of Compliance to work through those. Thanks, Kelly Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Johnson, Kelly Sent: Friday, January 7, 2022 2:54 PM To: ddilm@bellsouth.net Subject: Jungle Rapids - State Stormwater (SW8 960818) Mr. Dawson, The letter you requested is attached. As we discussed, if the permittee would like to transfer the permit from his name to an LLC that his wife can help manage, then he will need to apply for a permit transfer. The attached letter contains the latest correspondence regarding the non -compliant issues. I do not know the current state of the facility. But, he will either have to bring the project into compliance. Or, he can transfer the project into an LLC's name (if the LLC owns the system) under a Schedule of Compliance, which is a document that specifies the actions that need to be done and the associated timeframes for the actions to be completed. Thanks, Kelly K.eI. djohwSDKI Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 INote Change in Phone Number Scott, Georgette From: Lucas, Annette Sent: Monday, March 07, 2016 11:47 AM To: Granseur Dick; Bennett, Bradley Cc: Gregson, Jim; Davis, Tracy; jSuleyman@nhcgov.com; cokeefe@nhcgov.com; rob.gordon@wilmingtonnc.gov; Scott, Georgette; Baker, Chris; bobrippy@yahoo.com; David Pond Subject: RE: Action Plan - Jungle Rapids, Permit No. SW8 960818 Granseur, Bradley and I have reviewed the Response to Action Plan Clarification dated February 8, 2016. We are satisfied that you have addressed all of the Action Items that we sent on November 3, 2015 and that the only outstanding issue for this project is providing the as -built drawings for the Jungle Rapids wet detention pond within 30 days of project completion (or as soon as possible if the City delays release of the as -built drawings beyond 30 days). Thank you for working with us for a resolution to the issues at Jungle Rapids. Please do not hesitate to contact me if you have any further questions. Sincerely, Annette Annette M. Lucas, PE Environmental Engineer NCDENR I DEMLR I Stormwater Program 1612 Mail Service Center, Raleigh, NC 27699-1612 (11 N) 512 N. Salisbury St, Raleigh, NC 27604 1 91h Floor Parcel.si Phone: (919) 807-6381 Fax: (919) 807-6494 1 Email: annette.lucas@ncdenr.gov Website: A� Before printing this email, please consider your budget and the environment. 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. From: Granseur Dick [mailto:gdick@wkdickson.com] Sent: Monday, February 08, 2016 10:00 AM To: Bennett, Bradley <bradley.bennett@ncdenr.gov> Cc: Lucas, Annette <annette.lucas@ncdenr.gov>; Gregson, Jim <jim.gregson@ncdenr.gov>; tracey.davis@ncdenr.gov; jSuleyman@nhcgov.com; cokeefe@nhcgov.com; rob.gordon@wilmingtonnc.gov; Scott, Georgette <georgette.scott@ncdenr.gov>; Baker, Chris <chris.baker@ncdenr.gov>; bobrippy@yahoo.com; David Pond <dipond@wkdickson.com> Subject: Action Plan Jungle Rapids, Permit No. SW8 960818 Mr. Benett, Scott, Georgette From: Granseur Dick <gdick@wkdickson.com> Sent: Monday, February 08, 2016 10:00 AM To: Bennett, Bradley Cc: Lucas, Annette; Gregson, Jim; tracey.davis@ncdenr.gov; jSuleyman@nhcgov.com; cckeefe@nhcgov.com; rob.gordon@kivilmingtonnc.gov; Scott, Georgette; Baker, Chris; bobrippy@yahoo.com; David Pond Subject: Action Plan - Jungle Rapids, Permit No. SW8 960818 Attachments: 2016-2-8 Ltr responding to DEMLR Nov 03, 2015 Action Plan Clarification. pdf Mr. Benett, On behalf of Jungle Rapids, please find attached a response letter to your email letter of Nov. 3d, 2015 requesting additional clarification of Action Items. If you have any further comments or questions, please do not hesitate to contact me. Thank you, A. Granseur Dick, PE Project Manager WK Dickson & Co., Inc. 909 Market Street Wilmington, NC 28401 Office: 910-762-4200 Mobile: 704-609-4052 Email: gdick@wkdickson.com www.wkdickson.com Connect with us: Facebook I Twitter I LinkedIn Scott, Georgette From: Granseur Dick <gdick@wkdickson.com> Sent: Friday, March 04, 2016 11:11 AM To: Scott, Georgette Cc: Lucas, Annette; Gregson, Jim; tracey.davis@ncdenr.gov; jSuleyman@nhcgov.com; cokeefe@nhcgov.com; rob.gordon@wilmingtonnc.gov; Baker, Chris; bobrippy@yahoo.com; David Pond; Bennett, Bradley Subject: RE: Action Plan - Jungle Rapids, Permit No. SW8 960818 Thank you Ms. Scott, I will refer further questions to Ms. Lucas's office. Have a great weekend. A. Granseur Dick, PE Project Manager WK Dickson & Co., Inc. Office: 91.0-7624200 Mobile: 704-609-4052 From: Scott, Georgette[mailto:georgette.scott@ncdenr.gov] Sent: Friday, March 04, 2016 11:09 AM To: Granseur Dick Cc: Lucas, Annette; Gregson, Jim; tracey.davis@ncdenr.gov; jSuleyman@nhcgov.com; cokeefe@nhcgov.com; rob.gordon@wilmingtonnc.gov; Baker, Chris; bobrippy@yahoo.com; David Pond; Bennett, Bradley Subject: RE: Action Plan - Jungle Rapids, Permit No. SW8 960818 Importance: High Mr. Granseur, Yesterday afternoon you left me a message asking me if your action plan met our requirements. It appears to me that you have met Raleigh's concerns however I have not been involved in all of the later conversations. Therefore I ` iincluded Raleigh on this email. Annette Lucas, Raleigh office, has been the primary contact on this project. Therefore I refer to her for any additional comments. My recommendations are that you give us a periodic (quarterly) update on fulfilling your action plan items Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Gecrgette.ScoVi(@ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 Scott, Georgette From: Scott, Georgette Sent: Friday, March 04, 2016 11:09 AM To: 'Granseur Dick' Cc: Lucas, Annette; Gregson, Jim; tracey.davis@ncdenr.gov; jSuleyman@nhcgov.com; cokeefe@nhcgov.com; rob.gordon(cDwilmingtonnc.gov; Baker, Chris; bobrippy@yahoo.com; David Pond; Bennett, Bradley Subject: RE: Action Plan - Jungle Rapids, Permit No. SW8 960818 Importance: High Mr. Granseur, Yesterday afternoon you left me a message asking me if your action plan met our requirements. It appears to me that you have met Raleigh's concerns however I have not been involved in all of the later conversations. Therefore I am included Raleigh on this email. Annette Lucas, Raleigh office, has been the primary contact on this project. Therefore I refer to her for any additional comments. My recommendations are that you give us a periodic (quarterly) update on fulfilling your action plan items Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georoette.Scott(dncdenr. oov 127 Cardinal Drive Ext. Wilmington, NC 28405 N. ''Nothing Compares fenr,e to -Ind from this address rs subiect to the N,: ; , ,rds Law and may be disch�sed to thira parties, From: Granseur Dick [mailto:gdick@wkdickson.com] Sent: Monday, February 08, 2016 10:00 AM To: Bennett, Bradley <bradley.bennett@ncdenr.gov> Cc: Lucas, Annette <annette.lucas@ncdenr.gov>; Gregson, Jim <jim.gregson@ncdenr.gov>; tracey.davis@ncdenr.gov; jSuleyman@nhcgov.com; cokeefe@nhcgov.com; rob.gordon@wilmingtonnc.gov; Scott, Georgette <georgette.scott@ncdenr.gov>; Baker, Chris <chris.baker@ncdenr.gov>; bobrippy@yahoo.com; David Pond <dlpond@wkdickson.com> Subject: Action Plan - Jungle Rapids, Permit No. SW8 960818 Mr. Benett, On behalf of Jungle Rapids, please find attached a response letter to your email letter of Nov. 3rd; 2015 requesting additional clarification of Action Items. If you have any further comments or questions, please do not hesitate to contact me. Thank you, A. Granseur Dick, PE Project Manager WK Dickson & Co., Inc. 909 Market Street Wilmington, NC 28401 Office: 910-762-4200 Mobile: 704-609-4052 Email: gdick@wkdickson.com www.wkdickson.com Connect with us: Facebook I Twitter I Linkedln WK DICKSON community Infrastructure consultants February 8, 2016 Mr. Bradley Bennett, PE, Stormwater Permitting Program Division of Energy, Mineral and Land Resources �o••t,,'( *+;/'���/ Central Office ,.•F �'' �: 1612 Mail Service Center : • j�'<<'• Raleigh, NC 27699-1612 V 4.a ... FA ®� Gr " a RE: Response to Action Plan Clarification for 'a id jungle Rapids State Stormwater Permit No. SW8 %0818 •�"'>.,y�t�,�,� '� rr"anerrrrrr•r New Hanover County SUBJ: Action Items Requested via Email Transmittal on Nov. 03, 2015 Response to Notice of Violation, NOV-2014-PC-M95 Dear Mr. Bennett: On behalf of Jungle Rapids, WK Dickson has reviewed your email letter received November 3, 2015 and evaluated your requests to the remaining Clarification items. PIease find responses to the Action Clarification Items below: Response to Clarification Item 1: Issue is resolved. No response needed. Response to Clarification Item 2: The opening date of the Jungle Rapids pool is tentatively scheduled for the second weekend of May, 2016. Jungle Rapids has provided a backwash schedule of once per week through the operating months. Each backwash consists of approximately 1,000 gal. volume. This backwash schedule and volume is unchanged from previous years. Mr. Gregson and Annette Lucas of the Wilmington and Central Permitting Office (respectively) have reviewed the potential impacts of chlorinated backwash on water quality. Per telephone conversation with Ms. Lucas on Feb. 51h, 2016, NC DENR has agreed that backwash discharge to a properly functioning stormwater pond would not require monitoring. Current schedules -indicate that the City of Wilmington will replace the pond outlet structure in late March to early April, prior to Jungle Rapids proposed opening date and the start of scheduled backwashes. Response to Clarification Item 3: Presuming the City provides to Jungle Rapids the as -built drawings within 30 days of the City completing the Brenda Drive Drainage project construction; Jungle Rapids will submit the as -built drawings to DEMLR. Furthermore; if the City delays the 909 Market Street Wilmington, NC 28401 Tel. 910.762.4200 Fax 910.762A201 YM4Vwwkdickson.com Transportation . Wate, Resources 9 Urban Deva'cpment • Geornatics Mr. Bradley Bennett, PE February 8, 2016 Page 2of2 release of the as -built drawings beyond 30 days, Jungle Rapids has agreed to provide the drawings as soon as they become available. Response to Clarification Item 4: Jungle Rapids has been notified of the City's intent to use a coffer dam for installation of the proposed riser while maintaining the pond at full stage. WK Dickson surveyors performed a hydrographic survey of the existing Jungle Rapids pond on February 191, 2016. Results from the hydrographic survey indicate the current pond bottom to generally be between 0.1' and 0.3' +/- of as -built elevations (ref. Attachment A). It is the professional opinion of WK Dickson that this indicates minimal levels of sediment accumulation and demonstrates that the current wet pond condition complies with the permitted plans. Also, please find attached a copy of the City's construction schedule (ref. Attachment B). Please let us know if there are any questions. Sincerely, W.K. Dickson & Co., Inc. A. Granseur Dick, PE Attachments: Hydrographic Survey Points (Attachment A) Brenda Drive Project Schedule (Attachment B) cc: Robert Rippy, Jungle Rapids, via bobrippy@yahoo.com Chris Baker, Wilmington Regional Office, via chrisbaker@ncdenr.gov Georgette Scott, Wilmington Regional Office, via georgette.scott@ncdenr.gov Rob Gordon, City of Wilmington, via Rob.Gordon@wilmingtonnc.gov New Hanover County Building Inspections, via cokeefe@nhcgov.com New Hanover County Environment Services, via jSuleyman@nhcgov.com Annette Lucas, DEMLR, via annette.lucas@ncdenr.gov Jim Gregson, DEMLR, via jim.gregson@ncdenr.gov Tracey Davis, Director, DEMLR, via tracey.davis@ncdenr.gov SWK IKSON l~71 A W N^�^ lu O u`�i p y V p m T N O m 5 T A n o W p T W O p T N L O p n g O ._01., v T D Q 7 W n o Cl o� c° [l d 3° 3 O w 3 'm m `" 3 1n c _ N N O o 3 N O es O r'o �' O p cr 3 O O F+ n F+ S j O y fD w N FO p W p Q N tJl to p 3 0 rr C o - C 7 3 � p_ °o °; w o o R�7 3 v m v = a o rt u n i= m T O O O O x, e�i v m m p n p M N p M o oo °' m 0 3 3 °P° T r- i° N T m w C1 r+ m O w In !n f, to v v m — \ m y fnD m G. 7 O N p 0 7 O� _ O O y w o o vni ° 3 can ° 3 c 3 bii 36 n a > > 3 v p 20 n o w o + _ G p 3 w d o n 3 0 a I^ o _ ''' al n y m p y 3 3 p N c_ I O O 3 O 1 �� p N v ID y YI m r+ I+ O N t+ O I+ YI I+ N p AO n !VI .0 1O N Yi F1 1A 3 a~i � N � V � 00 T lD 0) N O to C I fD 3 N G I? fD j - o LT s Ln Q Gl V C N 00 CCC tND O G 1 I N wLA d _ A A � m � _ V S I _ 00 -n J O Ln = H I N C I I I I I I 1 LU w < Ip YI I I I•+ ACU 1 (!I T = C OJ 0 m ��I 0 Q' i0MEN i mmmmmmmmmm m. m MINNIMMININ OBI,-B SIONESSIMMINSIONSIM smisommomm: so 0 B 0 9 SIONSESSINIMSEM e .o IS 1101101011 IIIIIINISSION MIIMMI-Mma. m ..m IS = nnnnnn ����n©B� 0 nnnn nnnnn � �©; nnnn nnnnn■ nnn����n0©, :nnnnn■ nnn����n90 ,B 0 �® B nnnnnnnnn ��� Innnnnnnnn nnnnn nnnn nnn����nB© �9 nnnn n nnn����nae.- a 'a a � a' n■iin nn ■n� nnnn nn�■■n�n� - ® -nnnn nnnn����n®°a nnnn nnnn����na® � �, -nnn nnnnn����naa, � nnn nnnnn����na© � nn nnnnn �in■ n■ ®® nn■nnnnnnn�n■ n n nn■n■nnn����n©a n nnnnn�nini io .-I ■■■n nnn o to Of LEM { 11.6' VOT SWT (BOTTQM POW) - RNWY DATE 02-01-10. 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F-03T4 SURVEY DATE(S): 02-01-16 Scott, Georgette From: Bennett, Bradley Sent: Wednesday, December 16, 2015 9:20 AM To: Lucas, Annette; Davis, Tracy; Vinson, Toby; Scott, Georgette Subject: FW: Jungle Rapids stormwater FYI Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben neff(ancdenr.Qov Raleigh, NC 27699-1612 I Web: http://portal.ncdenr.org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records laws From: Bob Rippy [mailto:bobrippy@yahoo.com] Sent: Wednesday, December 16, 2015 8:37 AM To: Bennett, Bradley <bradley.bennett@ncdenr.gov> Subject: Jungle Rapids stormwater Bradley, I am writing to respond to your email of November 3, 2015 to Dan Dawson with WK Dickson. Dan is no longer with WK Dickson. I am in the process of securing another engineer to help me with your requests. I will be back in touch in January. In the meantime, Jungle Rapids will continue to operate our retention pond in accordance with the rules and regulations of North Carolina DENR. Thank you for your patience as we work to resolve this issue. Bob Rippy 910-352-3385 Scott, Georgette From: Scott, Georgette Sent: Tuesday, November 03, 2015 9:09 AM To: Davis, Tracy; Vinson, Toby; Lucas, Annette; Bennett, Bradley Cc: Cole, Brad; Sams, Dan Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 Annette, Please Make sure that you send me a copy of all your written correspondence to the permittee and Mr. Dawson. We keep all of that in the file so we can track timelines and responses. Thank you Georgette From: Davis, Tracy Sent: Tuesday, November 03, 2015 9:03 AM To: Vinson, Toby <toby.vinson@ncdenr.gov>; Lucas, Annette <annette.lucas@ncdenr.gov>; Bennett, Bradley <bradley. bennett@ncdenr.gov> Cc: Cole, Brad <brad.cole@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ ncdenr.gov> Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 I concur. Thanks for responding promptly to Dan's latest letter. Also, please be sure to incorporate Georgette's comment about Jungle Rapids letting the WIRO know when it will be reopening along with their 2016 backwash schedule. Thanks, Tracy From: Vinson, Toby Sent: Tuesday, November 03, 2015 8:24 AM To: Lucas, Annette <annette.lucas@ncdenr.eov>; Bennett, Bradley <bradley.bennett@ncdenr.sov> Cc: Cole, Brad <brad.coIe ncdenr. ov>; Davis, Tracy <tracv.davis@ncdenr.eov> Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 Annette, Responding either way is clear and documented so I'm fine with either method. However, we should respond to both Dan and Jungle Rapids as Jungle Rapids is the permit holder and Dan can go over the response with Jungle Rapids. Toby William E. Toby Vinson, Jr., PE, CPESC, CPM Section Chief Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 919-707-9220 toby.vinscnRnccien.r.gov 1612 Mail Service Center Raleigh, NC 27699 E-mail rnrrPsnnndPnrP to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lucas, Annette Sent: Monday, November 02, 2015 6:10 PM To: Vinson, Toby <toby.vinson@ncdenr.eov>; Bennett, Bradley <bradley.bennett@ncdenr.eov> Cc: Cole, Brad <brad.cole@ncdenr.eov>; Davis, Tracy <tracy.davis(c@ncdenr.eov> Subject: Re: Jungle Rapids State Stormwater Permit No. SW8 960818 Toby - Bradley and I talked with Dan Dawson this afternoon. We told him that his response to Item 1 was good and Items 2 & 3 need a couple of small tweaks. Dan waffled a lot about Item 4, which is about cleaning about the pond so it meets the currently permitted design (it appears that it is has experienced significant sedimentation in the field). Bradley and I were clear that Jungle Rapids is responsible for either cleaning out the pond to the currently permitted design standards or seeking a permit mod if they want to attempt to show us that a pond with a lower depth can still meet state design standards. The current response does not indicate that Jungle Rapids has accepted this responsibly. Dan asked us to put these ideas into writing so he can share them with his client. If it is OK with you, we will simply email him rather than send a formal letter. But let us know if you prefer us to write a letter, we are glad to do that too. We'd like to get something out tomorrow either way. Thanks, Annette From: Lucas, Annette Sent: Friday, October 30, 2015 11:37 AM To: Vinson, Toby; Bennett, Bradley Cc: Cole, Brad Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 Toby, Bradley and I will talk about this Monday morning and get back to you. Dan's response on the 4th item seems difficult to understand. Did you want to talk soon about the RO issues? The trip to the UK was fantastic, thank you for approving that! I plan to do a brown bag next week or the week after to share my experience with others in the LQ Section. Thanks, Annette From: Vinson, Toby Sent: Wednesday, October 28, 2015 10:27 AM To: Bennett, Bradley <bradley.bennett@ncdenr.eov>; Lucas, Annette <annette.lucas@ncdenr.eov> Cc: Cole, Brad <brad.cole@ncdenr.eov> Subject: FW: Jungle Rapids State Stormwater Permit No. SW8 960818 Bradley, Your thoughts on whether or not this meets the NOV requirements. Can you get with WIRO to put together a response to Dan Dawson on this letter if you think we need to. Here are a couple of thoughts, for response item 3: They should request the City and Engineer provide those "As-Builts" within the timeframe we have requested, not condition meeting our requirement on whether they can get them within that time period. They should be proactive. What are your thoughts on response item 4? Toby William E. Toby Vinson, Jr., PE, CPESC, CPM Section Chief Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 919-707-9220 tobv.vinson@ncdenr.eov 1612 Mail Service Center Raleigh, NC 27699 1 C.- =' Noticing Compares_-_. 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. From: Davis, Tracy Sent: Tuesday, October 27, 2015 7:41 PM To: Vinson, Toby <toby.vinson@ncdenr.eov>; Cole, Brad <brad.cole@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.eov>; Lucas, Annette <annette.lucas@ncdenr.gov> Cc: Bennett, Bradley <bradley.bennett@ncdenr.gov>; Scott, Georgette <georeette.scott@ncdenr.eov>; Baker, Chris <chris. ba ker@ ncdenr.eov> Subject: Fwd: Jungle Rapids State Stormwater Permit No. SW8 960818 Just forwarding this response from Dan Dawson to others that have been involved with this project. Does this response/proposed action plan sufficiently address the outstanding NOV for this project until the City initiates its project that will impact this one? Any follow up letter needed to Jungle Rapids in the meantime? Thanks to all for your time and patience in working through this project. Tracy Tracy E. Davis, PE, CPM Director - Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality (919) 707-9200 tracy.davis@ncdenr.eov 512 N. Salisbury Street - Archdale Building 1612 Mail Service Center Raleigh, NC 27699 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Begin forwarded message: From: Daniel Dawson <dedawson@wkdickson.com> Date: October 27, 2015 at 3:48:07 PM MDT To: "tracy.davis@ncdenr.eov" <tracy.davis@ncdenr.eov> Cc: "bobrippv@vahoo.com" <bobrippv@vahoo.com>, "chris.baker@ncdenr.eov" <chris.baker@ncdenr.gov>, "georeette.scott@ncdenr.eov" <georeette.scott@ncdenr.eov>, "Rob.Gordon@wilminetonnc.gov" <Rob.Gordon@wilmingtonnc.eov>, "cokeefe@nhceov.com" <cokeefe@nhcgov.com>, "iSuleyman@nhcgov.com" <iSuleyman@nhceov.com>, "bradley.bennett@ncdenr.sov" <bradlev.bennett@ncdenr.eov> Subject: Jungle Rapids State Stormwater Permit No. SW8 960818 Mr. Davis, Jungle Rapids thanks you for your certified letter clarifying the proposed plan of action to NOV-2014-PC- 0195. WK Dickson has assisted Jungle Rapids by preparing the attached letter with their responses. Please let us know if we need to address anything any further. Daniel E. Dawson, P.E., P.L.S. W.K. Dickson & Co., Inc. Community Infrastructure Consultants Office - (910) 762-4200 Mobile - (910) 620-4200 Email - dedawson(a-wkdickson.com www.wkdickson.com 4 Scott, Georgette From: Davis, Tracy Sent: Tuesday, November 03, 2015 5:30 PM To: Bennett, Bradley; Vinson, Toby Cc: Lucas, Annette; Scott, Georgette Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 Thanks, Annette. Bradley, please disregard my thanks to you. Tracy From: Bennett, Bradley Sent: Tuesday, November 03, 2015 4:36 PM To: Vinson, Toby <toby.vinson@ncdenr.gov> Cc: Davis, Tracy <tracy.davis@ncdenr.gov>; Lucas, Annette <annette.lucas@ncdenr.gov>; Scott, Georgette <georgette.scott@ ncdenr.gov> Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 I think we all know that Annette wrote this up and I just emailed it, don't we. So thanks to Annette for getting this moving along. Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: brad ley. ben nettOncden r.gov Raleigh, NC 27699-1612 Web: http:#portal.ncdenr.orgtweblirlstormwater Email correspondence to and from this address may be subject to public records laws From: Vinson, Toby Sent: Tuesday, November 03, 2015 4:27 PM To: Bennett, Bradley <bradlev.bennett@ncdenr.eov> Cc: Davis, Tracy <tracv.davis ncdenr.gov>; Lucas, Annette <annette.lucas(a@ncdenr.eov> Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 Thanks Bradley. William E. Toby Vinson, Jr., PE, CPESC, CPM Section Chief Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 919-707-9220 -.obV.vin7,o1-I - ncdenr, ov 1612 Mail Service Center Raleigh, NC 27699 C`_ 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. From: Bennett, Bradley Sent: Tuesday, November 03, 2015 3:57 PM To: Daniel Dawson <dedawson wkdickson.com> Cc: bobrippy@yahoo.com: Baker, Chris <chris.baker@ncdenr.eov>; Scott, Georgette <georeette.scott@ncdenr 9ov>; Rob.Gordon wilminetonnc.gov; cokeefe@nhcgov.com; jSuleyman(c@nhcgov.com• Davis, Tracy <tracy.davis@ncdenr.eov>; Lucas, Annette <annette.lucas@ncdenr.gov>; Vinson, Toby <toby.vinson ncdenr.eov> Subject: RE: Jungle Rapids State Stormwater Permit No. SW8 960818 Dan This email is a follow-up to our phone discussion about your follow-up letter dated October 27, 2015. I have summarized the discussion points with action items for you in red: Clarification Item 1: Thank you for removing the pipe from the pond. This issue is resolved. Clarification Item 2: Thank you for agreeing to inform Stephanie Garrett at the Wilmington office of the Division of Water Resources of the backwash schedule when the swimming pool is put back into operation in spring 2016. Please provide us with an estimated date on which the pool will reopen. Clarification Item 3: Thank you for agreeing to provide the City's as -built drawings within 30 days of the completion of the Brenda Drive drainage project. Please clarify that if the City delays the release of the as - built drawings for more than 30 days after project completion, you will provide them to us as soon as they are available. Clarification Item 4: Please provide a clear commitment that Jungle Rapids will take one of the following actions when the City drains the pond to conduct the Brenda Drive drainage project: 1. Demonstrate that the wet pond depth and contour lines comply with the permitted plans. 2. Maintain the wet pond in a manner that results in compliance with the depth and contour lines shown in the permitted plans. 3. Request a permit modification if the wet pond does not comply with the permitted plans but it can be demonstrated that the current configuration of the plan meets state standards for wet pond design. Please provide us with an updated Response to Action Plan Clarification on Jungle Rapids in a timely manner so that we can resolve the violation on this project. If you have any questions, please do not hesitate to contact me at (919) 807-6378 or Annette Lucas at (919) 807-6381. Thank you, Bradley Bennett Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett(6-ncdenr..qov Raleigh, NC 27699-1612 Web: hfp://portal.ncdenr.org/web/lr/Stormwater Email correspondence to and from this address may be subject to public records laws From: Daniel Dawson [mailto:dedawson@wkdickson.com1 Sent: Tuesday, October 27, 2015 5:48 PM To: Davis, Tracy <tracv.davis ncdenr.eov> Cc: bobrippv@yahoo.com; Baker, Chris <chris.baker@ncdenr.eov>; Scott, Georgette <georsette.scott@ncdenr.eov>; Rob.Gordon@wilminetonnc.eov cokeefe@nhceov.com; iSuleyman@nhceov.com; Bennett, Bradley <bradlev.bennett ncdenr.gov> Subject: Jungle Rapids State Stormwater Permit No. SW8 960818 Mr. Davis, Jungle Rapids thanks you for your certified letter clarifying the proposed plan of action to NOV-2014-PC-0195. WK Dickson has assisted Jungle Rapids by preparing the attached letter with their responses. Please let us know if we need to address anything any further. Daniel E. Dawson, P.E., P.L.S. W.K. Dickson & Co., Inc. Community Infrastructure Consultants Office - (910) 762-4200 Mobile - (910) 620-4200 Email - dedawson0mWickson.com www.wkdickson.com Scott, Georgette From: Scott, Georgette Sent: Monday, November 02, 2015 7:52 AM To: Davis, Tracy; Vinson, Toby; Cole, Brad; Sams, Dan; Lucas, Annette Cc: Bennett, Bradley; Baker, Chris Subject: RE: Jungle Rapids State Stormwater permit No. SW8 960818 They need to tell us when they will reopen and give us their 2016 backwash schedule so we have an idea of when sampling needs to take place. - From: Davis, Tracy Sent: Tuesday, October 27, 2015 7:41 PM To: Vinson, Toby <toby.vinson@ncdenr.gov>; Cole, Brad <brad.cole@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Lucas, Annette <annette.lucas@ncdenr.gov> Cc: Bennett, Bradley <bradley.bennett@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Baker, Chris <chris.baker@ncdenr.gov> Subject: Fwd: Jungle Rapids State Stormwater Permit No. SW8 960818 Just forwarding this response from Dan Dawson to others that have been involved with this project. Does this response/proposed action plan sufficiently address the outstanding NOV for this project until the City initiates its project that will impact this one? Any follow up letter needed to Jungle Rapids in the meantime? Thanks to all for your time and patience in working through this project. Tracy Tracy E. Davis, PE, CPM Director - Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality (919) 707-9200 tracy.davis(@ncdenr.gov 512 N. Salisbury Street - Archdale Building 1612 Mail Service Center Raleigh, NC 27699 Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. Begin forwarded message: From: Daniel Dawson <dedawson(@wkdickson.com> Date: October 27, 2015 at 3:48:07 PM MDT Scott, Georgette From: Daniel Dawson <dedawson@wkdickson.com> Sent: Tuesday, October 27, 2015 5:48 PM To: Davis, Tracy Cc: bobrippy@yahoo.com; Baker, Chris; Scott, Georgette; Rob.Gordon@wilmingtonnc.gov; cokeefe@nhcgov.com; jSuleyman@nhcgov.com; Bennett, Bradley Subject: Jungle Rapids State Stormwater Permit No. SW8 960818 Attachments: 2016-10-27 Ltr responding to DEMLR Sept 22, 2015 Action Plan Clarification. pdf Mr. Davis, Jungle Rapids thanks you for your certified letter clarifying the proposed plan of action to NOV-2014-PC-0195. WK Dickson has assisted Jungle Rapids by preparing the attached letter with their responses. Please let us know if we need to address anything any further. Daniel E. Dawson, P.E., P.L.S. W.K. Dickson & Co., Inc. Community Infrastructure Consultants Office - (910) 762-4200 Mobile - (910) 620-4200 Email - dedawson(o)-wkdickson.com www.wkdickson.com Ph.wKDICKSON community infrastructure consultants October 27, 2016 Sent via attachment to e-mail addressed to tracy.davis(gncdenr.gov Mr. Tracy Davis, PE, Director Division of Energy, Mineral and Land Resources Central Office 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Response to Action Plan Clarification for Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County SUB): Information Requested in Certified Mail #7013 2630 0002 0760 8513 Response to Notice of Violation, NOV-2014-PC-0195 Dear Mr. Davis: Jungle Rapids appreciates NC DEQ reviewing the action plan and offering clarifications. Response to Clarification Item 1: Jungle Rapids removed the pipe from the pond on October 3, 2015. Response to Clarification Item 2: Jungle Rapids closed the pool on September 22, 2015 for the 2015 summer season and will contact Stephanie Garrett at the Wilmington office of the Division of Water Resources (910) 796-7245 with questions prior to establishing the backwash schedule for 2016 and placing the swimming pool back into operation in the spring of 2016. Response to Clarification Item 3: Presuming the City provides to Jungle Rapids the as -built drawings within 30 days of the City completing the Brenda Drive Drainage project construction; Jungle Rapids will submit the as -built drawings to DEMLR. Response to Clarification Item 4: The last modification to the Jungle Rapids pond was when the rear parking lot was constructed over in 1997. There have been no construction activities associated or adjacent to the pond since then, except a single pipe from the future development area in 2008. Jungle Rapids has serious concerns with any new re -grading requirements to disturb the stability of the existing pond sides and/or bottom. Jungle Rapids will forward the City's construction schedule to DEMLR when received from the City. jungle Rapids requests a site meeting with DEMLK and the City Mr. Tracy Davis, PE October 27, 2015 Page 2 of 2 immediately after the City drains the pond to determine if DEMLR will allow the Brenda Drive Drainage project to be constructed without re -grading the pond. Jungle Rapids will need 60 days to identify alternatives to re -grading the pond and to continue complying with the existing, or previous permits, if DEMLR determines the pond requires re -grading to treat the impervious surface area added in the Brenda Drive Drainage project permit modification. Potential alternatives may include a permit modification for the maximum impervious surface area the existing pond in its existing condition is determined to be capable of treating. The determined impervious surface area capacity of the existing pond will be utilized to modify the permit and will be allocated first to treat the existing impervious runoff surface areas of Jungle Rapids property, second to treat the future impervious runoff surface areas of Jungle Rapids property and third offsite impervious surfaces. Please let us know if there are any questions. Sincerely, W.K. Dickson & Co., Inc. zjlt,-4� Daniel E. Dawson, PE, PLS cc: Robert Rippy, Jungle Rapids, via bobrippy@yahoo.com Chris Baker, Wilmington Regional Office, via chris.baker@ncdenr.gov Georgette Scott, Wilmington Regional Office, via georgette.scott@ncdenr.gov Rob Gordon, City of Wilmington, via Rob.Gordon@wilmingtonnc.gov New Hanover County Building Inspections, via cokeefe@nhcgov.com New Hanover County Environment Services, via jSuleyman@nhcgov.com Bradley Bennett, DEMLR, via bradIey.bennett@ncdenr.gov ICKSON North Carolina Department of Environmental Quality Pat McCrory Governor September 22, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert S. Rippy, Owner 5320 Oleander Drive Wilmington, NC 28403 RE: Clarification of the Plan of Action in Response to NOV-2014-PC-0195 Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County Dear Mr. Rippy: Donald R. van der Vaarl Secretary Thank you for the June 30, 2015 letter, submitted by your engineer, Mr. Dan Dawson, in response to the Notice of Violation that was issued for Jungle Rapids on June 9, 2015. My staff have thoroughly reviewed your response letter and would like to offer you the following clarification of the Plan of Action for resolving the issues raised in the Notice of Violation: 1. The discharge from the sump pump that serves the pump pit. We appreciate your offer to remove that pipe from the stormwater pond. If the flow from that pipe could be discharged as diffuse flow over a vegetated surface, this would help to address any pollutants that were inadvertently introduced into the flow from the pump pit. This pipe shall be removed from the stormwater pond and directed to a vegetated area no later than October 15, 2015. 2. The discharge of swimming pool backwash into the wet pond. Per 15A NCAC 02H .0106, the discharge of swimming pool backwash is deemed to be permitted pursuant to G.S. 143-215.1(c) provided that no water quality standards are contravened or expected to be contravened. Given the size of this pipe and the potential frequency of discharge events, DEMLR is requiring that more information be provided to assist us in assuring that there are no water quality impacts. You must submit information that outlines for our office the schedule of backwash discharged to the pond and the volume of water discharged during these events. In addition, you must provide sampling data to characterize the backwash discharge from the effluent of the pipe to the pond, from the effluent of the pond outfall pipe, and in the receiving stream below your facility but above other discharges to the stream. o-riegf, `A ?ral, and Land Resources ::v s Ceolon cmi � Fvey Sec',vi o Lard Quality Sect�.�r: 3i2 �!.r.�i... C,-c'.inl. ^700t> Internet: htk,,:rronrzi.ncdgir.orgAveb4r/ iViaii s ! era re�.�: ;;i;`' : '. �3 �i ; r, ; ,w-ici,. t1c.,ui Carolina; 27699-,i612=919-707-92001's=f",X: 919-715-8801 An Fr':1a: it",', i,15;;Innti`.'6 : ` ;n Einpioyer — 50' :. Rec rd-3d ;' 0) `'ost Cons urrier ?aper Robert S. Rippy September 22, 2015 Page 2 If you have questions about appropriate sampling procedures, you may contact Stephanie Garrett at the Wilmington office of the Division of Water Resources at (910) 796 - 7245. The sampling shall be completed and a copy of the sample report submitted to the Wilmington Regional Office no later than October 30, 2015. The results of this sampling will be used to determine if additional monitoring efforts are necessary for your facility. If the results indicate that the backwash water is not in compliance with water quality standards, then either a de -chlorination process or a discharge permit from the NC Division of Water Resources will be required. 3. The outlet pipes from the wet pond. DEMLR staff has contacted City of Wilmington stormwater staff to learn more about the City's Brenda Drive Drainage Project. The Wilmington staff have explained that, as part of the Brenda Drive Drainage Project, the City will be providing a new outlet structure for the Jungle Rapids wet pond that discharges directly into the City's stormwater sewer system. The City will also remove or plug the wet pond's existing outlet structures. DEMLR will allow you to retain the current outlet structure in the pond as -is until the City completes its work in an estimated six to nine months. Within 30 days after the City's completion of the Brenda Drive Drainage project, you shall submit as -built drawings of the completed wet pond to the Wilmington Regional Office. 4. Sediment accumulation in the wet pond. DEMLR staff will not require Jungle Rapids to survey the wet pond at present. However, when the City drains the wet pond to construct the new outlet structure, we will require that the pond be re -graded if necessary to restore the contour elevations that were approved in your most recent stormwater permit. Any material that is removed from the pond shall be properly handled and disposed of to avoid impacts to the SA receiving waters. Before the pond is placed back on line, you shall contact the Wilmington Regional Office so that they may perform a site inspection. Failure to comply with the above Plan of Action is considered a violation of 15A NCAC 2H .1000 and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties up to $25,000 per day, pursuant to NCGS 143-215.6A. Robert S. Rippy September 22, 2015 Page 3 If you have any questions concerning this matter, please feel free to call Dan Sams or Georgette Scott at (910) 796-7215 or email them at dan.sarns@p.cdenr.gov or geor eg_tte.scottZmcdenr.gov. Si erely, r E. avis, PE, CPM Dir t cc: Phil Bevilacqua, Jr., PE, City of Wilmington Rob Gordon, PE, City of Wilmington Stephanie Garrett, DWR WiRO New Hanover County Environmental Services Bradley Bennett, DEMLR Dan Sams, PE, Regional Engineer, WiRO Georgette Scott, Stormwater Supervisor WiRO Stormwater Permitting File ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 7 ❑ Agent ■ Print your name and address on the reverse— G-----t--,� ❑ Addre so that we can return the card to you. B. Received by (Printed Name) C D : r ■ Attach this card to the back of the mallpiece, or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: / if YES, enter delivery address below; ❑ No T o .� ,/(i� 3, Service Type ❑- ert€fied Mall® ❑ Priority Mail Express- ��� [3RRbgistered ❑ Ratum Receipt for Merohandist ❑ Insured Mail 17 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes E. Article Number 7 013 2630 0002 0760 8 513 (!-ransferfrom service label) PS Form 3811, July 2013 Domestic Return Receipt Postal Service,., CERTIFIED MAILT,., RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) NJU.S. For delivery €nformation visit our webs€te at www.usps-cam 0 , r` Postage $ C3 ru Certified Fee C3 Return Fee Postmark e ( C3 &do merrt Required Here C3 Required) Restricted Delivery Fee 3 (Endorsement Required) m .A Total Postage & Fees fLl M S o --------------------- ---- ---------------- -- p , act. No.; -------------------- I` or PO Box No. P�� e,,E/%l/ NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2015 CERTIFIED MAIL #7013 2630 0002 0760 8513 RETURN RECEIPT REQUESTED Robert S. Rippy, Owner 5320 Oleander Drive Wilmington, NC 28403 Subject: Follow-up Inspection/Meeting concerning NOTICE OF VIOLATION, NOV-2014-PC-0195 Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County Dear Mr. Rippy: Donald van der Vaart Secretary On April 29, 2015, Division of Energy, Mineral and Land Resources (DEMLR) representatives from both Raleigh and Wilmington met with you and your engineer, Mr. Dawson, to inspect Jungle Rapids pond and to discuss an action plan to address issues identified in the August 20, 2014 Notice of Violation (NOV). As discussed during this meeting, the response from Mr. Daniel Dawson dated November 3, 2014 did not clearly address the concerns outlined in the August 22, 2014 NOV. During DEMLR's re -inspection of the pond it was clearly noted by all DEMLR representatives (Mr. Dan Sams, Mr. Bradley Bennett, Ms. Annette Lucas, Ms. Georgette Scott and Mr. Chris Baker) that the violation issues identified in the August 20, 2014 NOV were correct and the pond: 1. Has "unpermitted" pipes and inlets discharging from unknown sources into the pond. 2. The pond has not been cleaned for years, therefore pond elevations and capacity need to be checked. 3. There appears to be several pond outlets, which may be impacting the pond drawdown and function. 4. Receives discharges from the pools on a regular basis, including backwash, which may be compromising the capacity of the pond to properly treat stormwater that eventually flows into Shellfish waters (SA waters). These discharges from the pond may be exceeding the Water Quality (WQ) standards allowed to waters of the state. Following the April 29, 2015 meeting and inspection, everyone at the site agreed that all these issues need to be properly addressed. This letter is being provided as a follow-up on what was agreed by all parties to correct the issues found during the April 29, 2015 inspection. Per our discussion with you at the site, the following information will be provided in writing to DEMLR by you, or your representative Mr. Dawson, as your plan of action to address the issues noted above. Please provide a schedule with specific timelines on when the information for each item outlined below will be completed and provided to DEMLR: 1. A plan which shows all of the "unpermitted" pipes and inlets into the pond. This will include description of what is being discharged, how often it is discharged, and how much is being discharged into the pond and how this impacts the pond capacity. Make sure the permitted outlet that appeared non-functional, and the unpermitted outlet that was discovered during the recent inspection, is addressed in your narrative. If discharges into the pond contain chlorine or other chemicals a sampling program may be warranted and will have to be established for the pond. The Wilmington water resources division (Regional Supervisor -Mr. Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 / Fax: (910) 350-2004 - Internet: http://Portal.ncdenr.oMbLmb/Id Mr./Ms. Date Jim Gregson) can provide advice to you on a sampling program if it is determined that one will be needed upon the completion of your investigation. 2. A schedule and timeline on drainage improvements by the City of Wilmington. Please provide details and dates on whether or not they will be changing your pond's outlet structure and/or affecting the pond capacity and function. 3. Upon completion of items 1 and 2 above please provide a narrative on what pipes, outlets and inlets will be removed and/or repaired and whether a modification will be necessary. If a modification is proposed please provide an estimated date for submission. All of the proper paperwork and calculations will be required with the modification. Please note that DEMLR conferred with the Division of Water Resources concerning WQ standards and discharges to waters of the state. Their response was as follows: "Filter backwash and draining associated with swimming pools is deemed permitted, but only if they are able to comply with WQ Standards. The freshwater water quality standard for chlorine is 17ug/I. So, if the discharge from the stormwater pond to the stream would violate this standard it would have to go through de -chlorination prior to being discharged to the pond and/or to waters of the state, or another disposal option for the pool and backwash water will have to be found." Please provide your Plan of Action by Monday July 13, 2015. Once we receive all of the completed information outlined above we will make a determination on whether additional actions will be required for compliance with your permit. Failure to provide the "Plan of Action" by July 13, 2015 is considered violations of 15A NCAC 21-1.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties up to $25,000/day, pursuant to NCGS 143-215.6A. If you have any questions concerning this matter please feel free to call Dan Sams or me at (910) 796- 7215 or email me at Georgette.Scott@ncdenr.gov. Sincerely, ` 57m Tracy Da is, P.E., Director Division of Energy, Mineral and Land Resources Enclosures GDS\gds: G:\WQ1Shared\Stormwater\Permits & Projects\1996\960818 HM2015 06 NOV_Itr 960818 cc: Rob Gordon, P. E., City of Wilmington New Hanover County Building Inspections New Hanover County Environmental Services Bradley Bennett, DEMLR Georgette Scott, Stormwater Supervisor WiRO Stormwater Permit File Page 2 of 2 Scott, Georgette From: Scott, Georgette Sent: Friday, May 22, 2015 11:16 AM To: Bennett, Bradley; Lucas, Annette Subject: RE: Jungle Rapids 1. That would be the plan. Yes agree 2. Will see if I can rearrange 3. Agree 4. Yes, I went to them several times to make sure correct. Will check again before I send. Thanks. G From: Bennett, Bradley Sent: Friday, May 22, 2015 10:02 AM To: Scott, Georgette; Lucas, Annette Subject: RE: Jungle Rapids Georgette, Here are a few comments on the letter. Where we talk about monitoring the backwash pipe we may need to work with DWR to determine what parameters need to be monitored and provide that information to them at some point. Bottom of first page - #2. It seems like this is requiring them to provide information on something they might not have to do. This seems dependent on #1 in the same section. If they find that this isn't a problem then they would not need this. Just seems like this should be written in a way that we need them to provide this information if it is determined that the discharges will no longer be allowed. Item #4 — City of Wilmington Activities. Seems that what happens with Wilmington could impact some of the other things we are asking them to do. It seems reasonable to me that there may be some things that would make sense to do after the Wilmington work is done. We wouldn't want to make them do things twice just to get a response -to issues as long as waiting would be acceptable. Maybe the letter could state that we understand the City's activities may impact some of the efforts to address our permit concerns and request that they clearly outline where this overlaps may occur and how they could impact their response to our requests. Language quoted from DWR. Have we run the draft letter by Jim or someone on his staff to make sure we are all on the same page? 9- Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett(cDncdenr.gov Raleigh, NC 27699-1612 Web: http:/iportal.ncdenr,org/web/lr/stormwater Email correspondence to and from this address may be subject to public records laws From: Scott, Georgette Sent: Friday, May 22, 2015 9:33 AM Scott, Georgette From: Scott, Georgette Sent: Friday, May 22, 2015 11:59 AM To: Bennett, Bradley Subject: RE: Jungle Rapids This is not really an NOV. It is a letter about our meeting and what we found and agreed to at the site to address the NOV and their need to send us a plan of action. I plan on changing the subject to just a letter. I will re look at this with Shelton's comments in mind. thanks From: Bennett, Bradley Sent: Friday, May 22, 2015 11:55 AM To: Scott, Georgette Subject: RE: Jungle Rapids Georgette, Got some comments from Shelton also. I'll try and go through them and send you some input. One thing he pointed out is that we mentioned outlets and pipes multiple times in different parts of the NOV and probably should just reference this issue one time. He also indicated that the NOV was very specific in what they should do. Instead he recommends that we outline the problem and leave the specific response to them. I'll try and forward you other things from his input if I can. :: Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett(a.ncdenr.gov Raleigh, NC 27699-1612 Web: http://portal.ncdenr.org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records laws From: Bennett, Bradley Sent: Friday, May 22, 2015 10:02 AM To: Scott, Georgette; Lucas, Annette Subject: RE: Jungle Rapids Georgette, Here are a few comments on the letter. Where we talk about monitoring the backwash pipe we may need to work wiih DWR to determine what parameters need to be monitored and provide that information to them at some point. Bottom of first page - #2. It seems like this is requiring them to provide information on something they might not have to do. This seems dependent on #1 in the same section. If they find that this isn't a problem then they would not need this. Just seems like this should be written in a way that we need them to provide this information if it is determined that the discharges will no longer be allowed. Item #4 — City of Wilmington Activities. Seems that what happens with Wilmington could impact some of the other things we are asking them to do. It seems reasonable to me that there may be some things that would make sense to do after the Wilmington work is done. We wouldn't want to make them do things twice just to get a response to issues as long as waiting would be acceptable. Maybe the letter could state that we understand the City's activities may impact some of the efforts to address our permit concerns and request that they clearly outline where this overlaps may occur and how they could impact their response to our requests. ® Language quoted from DWR. Have we run the draft letter by Jim or someone on his staff to make sure we are all on the same page? Bradley Bennett Stormwater Permitting Program j Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett(a)ncdenr.gov Raleigh, NC 27699-1612 Web: hhtt ://Portal,ncdenr.org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records laws From: Scott, Georgette Sent: Friday, May 22, 2015 9:33 AM To: Bennett, Bradley; Lucas, Annette Subject: RE: Jungle Rapids I am going to be out this afternoon and a couple days next week. I would like to get this out today if possible. Do you all have any comments Thks Jett From: Scott, Georgette Sent: Thursday, May 21, 2015 10:59 AM To: Bennett, Bradley; Lucas, Annette Subject: Jungle Rapids Bradley/Annette; Went and discussed "deemed permitted" with Jim. I felt a need to send a followup letter to Jungle Rapids so we can remind them they owe us some info. Since you folks attended I would like your input. I would like to get this out today if possible. Did I miss anything in this letter? Comments/Changes? Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division. of Energy, Mineral and sand Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone (910) 796-7339 Fax (910) 3.50-2004 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. Scott, Georgette From: Gregson, Jim Sent: Tuesday, May 19, 2015 5:04 PM To: Scott, Georgette Subject: Jungle Rapids Follow Up Flag: Follow up Flag Status: Flagged The discharge from the pools is deemed permitted but only if they are able to comply with WQ Standards. The freshwater standard for chlorine is 17 ug/I. Detection limit is 50. If they are over that they would need to dechlorinate prior to discharge or find another disposal option. Jim Gregson, Regional Supervisor North Carolina Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Tel. (910) 796-7386 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 ** Scott, Georgette From: Daniel Dawson <dedawson@wkdickson.com> Sent: Monday, November 10, 2014 2:11 PM To: Scott, Georgette; Davis, Tracy; Baker, Chris Cc: Bob Rippy (bobrippy@yahoo.com); Rob Gordon; cokeefe@nhcgov.com; jSuleyman@nhcgov.com; Bennett, Bradley Subject: Jungle Rapids, New Hanover County - NOV-2014-PC-0195 Attachments: Jungle Rapids SW Pond 20141109.MOV; Jungle Rapids SW Pond Outlet Conditions 20141109.MOV; Jungle Rapids Turtle 20141109.MOV; 20141110 Ltr to DEMLR regarding NOV.pdf Mr. Baker, Ms. Scott & Mr. Davis, On Saturday, November 8th, Mr. Rippy received a second certified letter from you regarding the DEMLR NOV. Attached is the response to your latest letter, which was required by November 17, 2014. In addition three short videos of the pond are attached. The videos were taken during my site visit with a very frustrated and bewildered Mr. Rippy yesterday afternoon. The sights and sounds of the videos make it very clear that the site is well maintained and the pond appears to be functioning adequately with more than adequate stormwater detention, effective nutrient uptake around the perimeter and active abundant wildlife thriving, such as fish, turtles and birds (you'll hear the birds if you turn up the sound). Hopefully the short video of one the fairly large turtles poking his head above the water will alleviate any DEMLR concerns about the current operations or concerns about any lingering impacts from the unauthorized action of the pool painting contractor last spring. Unfortunately the downstream property owners continue to block the receiving stream which inundates the outlet pipes of the pond. It is my understanding that the upcoming Brenda Drive Drainage Improvement Project permitted by the City of Wilmington will correct the problem. Incidentally, I waited until our US Postal mail had been delivered today before I e-mailed this response because I presumed my name was inadvertently omitted from the crowded cc distribution list at the bottom of the certified letter sent to Mr. Rippy, however the US Mail did not deliver a copy for me today, and tomorrow is a holiday. Since Mr. Rippy is a frequent and sometimes extended traveler, we would both appreciate DEMLR adding me on the distribution list to receive copies (cc) of future correspondence regarding this situation. It would have been terrible and embarrassing for everyone involved if Mr. Rippy had been out of town for the month and not had an opportunity to review your certified letter until after the 27`h. Even though his mail would have been received and signed for by an park employee who would have placed the letter in Mr. Rippy's inbox for his review when he returned, he would not have actually read your certified letter until sometime in December and by that time NCDEMLR may have initiated actions to attempt to unnecessarily fine Mr. Rippy up to $25,000 per day. Please let me know if you need any additional address information for me. Thank you, Daniel E. Dawson, P.E., P.L.S. W.K. Dickson & Co., Inc. Community Infrastructure Consultants Office - (910) 762-4200 Mobile - (910) 620-4200 Email - dedawsonO-wkdickson.com www.wkdickson.com WhWK WDICKSON community introstructure consuttonts November 10, 2014 Sent via attachment to e-mail addressed to tracy.davis@ncdenr.gov Mr. Tracy Davis, PE, Director Division of Energy, Mineral and Land Resources Central Office 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County SUBJ: Response to Notice of Violation, NOV-2014-PC-0195 Dear Mr. Davis: With all due respect, it is apparent to everyone working for Jungle Rapids that there is a complete misunderstanding of the situation by the NC DENR, and we request a site meeting with NC DENR representatives to review al I of the alleged violations. Jungle Rapids has approximately 18 years of permitting history with the NC DENR which has included numerous permit modifications. There are actually two modifications that remain to be constructed. In 2008 a modification to expand the theme park was approved. A catch basin and pipe connecting the catch basin to one of the fore bays has been constructed, however due to economic conditions the remainder of the expansion project has not been constructed. The latest modification was approved in December of 2012 for the City of Wilmington to use excess pond capacity to treat city stormwater runoff from offsite properties (for free). In addition the city project will relocate the pond outlet system discharge point to a new receiving channel that will be maintained by the City. Engineer's Certifications for the two outstanding modifications are not possible prior to the construction completion of the improvements required by the modifications. With the regrettable exception of the unauthorized action of the pool painting contractor last spring, which has been cleaned up by Jungle Rapids, we feel that most of the items indicated by the Department to be non -compliant or permit violations are related to unconstructed improvements of the outstanding modifications and the continuing challenges caused by the existing downstream property owners, who have almost completely blocked the outflow of the stormwater pond. Both of .i09 Market Street Wilmington, NC 28401 Tel. 910.762.4200 Fax 910.762.4201 www.wUlckson.com Transportation • Water Resources - Urban Development e Geornatics Mr. Tracy Davis, PE November 10, 2014 Page 2 these problems wiI I be resolved upon the completion of the city's project. However, the expansion of Jungle Rapids wilt remain on hold for the foreseeable future. We appreciate the extension of the due date to November 3, 2014, however on September 15, 2014 we requested more information about the anonymous complaint that has caused all of this correspondence but did not receive a response until October 27', which left only one week to prepare our initial response. In our September meeting, Mr. Baker provided me a copy of his 8/19/14 notes, which I believe outline the basis for this NOV. I have inserted the text of his notes, added numbers to identify the items and provide a response to each item below. 1. Several pipes enter the SW pond that are not shown on plans. All pipes must be located & identified and shown. Response — We believe all pipes are consistent with the many different plans for the pond. Each permit modification does not show all of the pipes previously approved. 2. The pond needs to be cleaned out & designed bottom elevations reestablished. Response — Based on site observations, the pond depth appears to be sufficient. However the ponds bottoms have not been surveyed. Jungle Rapids would appreciate being provided any pond depth measurements if they are available before having to expend thousands of dollars for a survey of the pond bathometry. 3. The orifice pipe in the outlet structure appears to be buried beneath sediment. The orifice must be unclogged so that the SW pond may function properly. Response — The downstream property owners continue to block the receiving water course backing water onto the Jungle Rapid property which raises the static water level to approximately 2/3 of the diameter of the two outlet pipes and prevents any inspection access to the orifice. The City of Wilmington's Brenda Drive drainage project will resolve this problem. 4. The outlet pipe downstream from the outlet structure is covered by railroad ties. This will cause flooding upstream during major storms events therefore, the railroad ties must be removed so that proper drainage may be restored. Response — Being the upstream property owner impacted by the blockage, Jungle Rapids completely understands this situation, but has been unsuccessful with arranging for the blockage to be removed. The City of Wilmington's Brenda Drive drainage project will resolve this problem. 5. Upon correction of all issues the SW pond needs recertification. Response — The city will be providing the certification upon the completion of the city drainage project, and Jungle Rapids will provide certification when the park expansion project has been constructed. ICKSON Mr. Tracy Davis, PE November 10, 2014 Page 3 We feel we continue to respectfully and adequately respond to your letters and look forward to meeting you on site so that we can resolve any outstanding issues. Sincerely, W.K. Dickson & Co., Inc. Daniel E. Dawson, PE, PLS Enclosures: Copy of Certified Mail #7013 2630 0002 0760 9442, Dated November 6, 2014 Letter to Robert S. Rippy. cc with encl.: Robert Rippy, Jungle Rapids, via bobrippy@yahoo.com Chris Baker, Wilmington Regional Office, via chris.baker@ncdenr.gov Georgette Scott, Wilmington Regional Office, via georgette.scott@ncdenr.gov Rob Gordon, City of Wilmington, via Rob.Gordon@wilmingtonnc.gov New Hanover County Building Inspections, via cokeefe@nhcgov.com New Hanover County Environment Services, via jSuleyman@nhcgov.com Bradley Bennett, DEMLR, via bradley.bennett@ncdenr.gov ICKSON ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return.the card to you. t Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �I 000(;�7 2. Article Number (rransferfrom service labeq 7 013 2 PS Form 3811, July 2013 Domest A. Signature ❑ Agent .� ❑ Addressee B. Received by (Printed Nature) C. f Date of DelivJerri D. Is —delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se oe Type Certified Mail® ❑ PrloHty Mail F�cpress"' Registered ❑ Return Receipt for. Merchandim ❑ Insured Maif ❑ Collect on Delivery 4. Restricted Delivery? (E to Fee) ❑ Yes 630 0002 0760 9442 le Return Receipt (Domesticru _ Cr ®� .A P- O Postage $ Ceetifled Fee ru C3 C3(Endorsement Return ReceOpt Fee Required) P ma f ® Restricted it Re ry Fes (Endorsement Required) /O f✓/j) M .0 Total Postage & Fees IU M Sent To -T Em r%- - --- - - Street, Apt. No.; or PO Box N - PWA NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 6, 2014 CERTIFIED MAIL #7013 2630 0002 0760 9442 RETURN CECEIPT REQUESTED Robert S. Rippy, Owner 5320 Oleander Drive Wilmington, NC 28403 Subject: NOTICE OF VIOLATION, NOV-2014-PC-0196 Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County Dear Mr. Rippy: John E. Skvarla, III Secretary I am in receipt of a letter from Daniel Dawson dated November 3, 2014, responding to the NOV received by you on August 22, 2014. Chris Baker of our office met with Mr. Dawson in September to discuss the stormwater pond deficiencies based on his inspection of the site. At the meeting the various permit violations and acceptable remedies to those violations were discussed with Mr. Dawson with the understanding that Mr. Dawson, representing you, would submit a plan of action with an approximate schedule as to when and how the permit violations would be addressed. The response from Mr. Dawson did not provide a schedule nor corrective actions that will be to resolve the permit violations. A date of September 20, 2014 was specified within NOV-2014-PS-0195 as the date our office required a written "Plan of Action". Deference was given to the due date due to the fact that Mr. Dawson did contact our office and met with Mr. Baker to discuss the permit violations and possible solutions. No modified Plan of Action date was given in anticipation of Mr. Dawson's response and the belief that the response would be a Plan of Action. This letter is to inform you that a written Plan of Action, specifying the corrective actions that will be taken to address the permit violations with approximate start and finish dates for the work to be preformed. The Plan of Action is required by Monday, November 17, 2014. Failure to provide the "Plan of Action" by November 17, 2014 is 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 up to $25,000/day, pursuant to NCGS 143-215.6A. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at chris.baker@ncdenr.gov. Si rely, � racy vis, P. E., ' Directo Division of Energy, Mineral and Land Resources F, Enclosures eZ- GDS\csb: G:\WQ\Shared\Stormwater\Permits & Projects\1996\960818 HD\2014 08 NOV 960818 cc: Rob Gordon, P.E., City of Wilmington eaede New Hanover Country Environmental Services Bradley Bennett, DEMLR 6ee �y iOotrtlSupervisorWRStrmwaer PemFie tir6ce\- 3eacu0` Division of Energy, Mineral, and Land Resources ��K`o0a Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilminqton, North Carolina 28405 - (910) 796-7215 / Fax: (910) 350-2004 WK 'DICKSON community Infrastructure consultants November 3, 2014 Sent via attachment to e-mail addressed to tracy.davis@ncdenr.gov Mr. Tracy Davis, PE, Director Division of Energy, Mineral and Land Resources Central Office 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County SUBJ. Response to Notice of Violation, NOV-2014-PC-0195 Dear Mr. Davis: After investigating the violations alleged in DEMLR's letter of August 20, 2014, it is apparent that more information needs to be provided to DEMLR and hopefully considered before the situation continues to be described as a violation. It is our understanding that based on an anonymous citizen complaint to DEMLR on August 8, 2014 DEMLR conducted a site visit on August 18, 2014 and notified Jungle Rapids of violations described in the NOV. The video images provided to DEMLR do not reflect Jungle Rapids decades of commitment to protecting the environment and complying with their permits. Last spring Jungle Rapids hired a Louisiana pool contractor to water blast and paint the pool. The contractor assured the owner of Jungle Rapids that he was very experienced with separating the swimming pool non -toxic paint chip residue from the water using tarps and hay bales. This was the first time in fifteen years the owners felt the pool needed to be re -painted. Perhaps the former employee of Jungle Rapids who worked alongside the contractor and may have recorded the video images would explain why he did not require the contractor to properly separate the paint chips before discharging the pool water into the stormwater pond as shown on the video. The method of attempting to capture the non -toxic paint chip residue obviously was not as effective as the owner of Jungle Rapids would have preferred and if he had been informed of the situation, as he should have been by his former employee, the contractor would have been required to immediately stop and correct the situation. The property and pond have been cleaned up by Jungle Rapids. Based on the compliance inspection other items were noted and need to be addressed 909 Market Street Wilmington, NC 28401 Tel. 910.762.4200 Fax 910.762.4201 www.wkdickson.com Transportation Water Resources Urban Development • Geomatics Mr. Tracy Davis, PE November 3, 2014 Page 2 The numbered items from your letter are shown below with Jungle Rapids responses immediately following: 't�tT.�'Tr'fi1 �I<1'I�s�.u'''i;!''��,`���t-_1 ; ��•��lu"'''I�ZiLT.•.�,��TTi�'%/,'E.-.� - _ •.� During the inspection It was observed that additional "unpermitbsd' pipes and inlets, leading frwn unknown sources, were draining to the stormwater pond. In addition, blue paint chips were found In and around the Is a violation of the atormwabsr permit to diacherge ar�y process water or wastewater container chemicals or paimrit materials to the stomrr>rretar pond. The � pond was permitted by the state for the exclusive purpose of capturing stom No paint chips were found on the site or in the pond when we visited the site on October 24, 2014. Any pipes described as "unpermitted" probably have existed since the project was originally constructed many years ago. It is our understanding that no new pipes have been constructed. It was never the intention of Jungle Rapids to have the paint chip residue to be discharged into the pond. The chips and hay bales were to be disposed of properly. 2. Faunae [e ,■_p,_@JL/(4. the Sfnrmmweter Svata m Pbr Ser gm 11.3 of the ��/peJ/anng the PeWoe shah prowe m necessary to assure the pm~ stommaW system a.) The pond needs to be deaned out and the approved bottom � musssWh the pond Wrests the volume capacity that was permitted. b.) The outlet structure Is clogged with.excessive debris: therefore It is not allowing the required design storm to be released between two (2) to five (5) days as designed. c.) The ori(ks pipe to the outlet structure appears to be buried beneath sediment. The orifice mud be d.) The drop�the p v d par arthe pond ea is fled w debris. Bond on the video �ovided b this office, DOE and DWR we aware that this Is the Inlet where wastewater from removing point tram the pods was discharged. This Inlet will require dmft and removal of all debris Debris and sediment containing paint (which could possibly contain twdc metals) must be removed from this Inlet and the pipe aunt be dlsnosed of o�ro Please be aware that a copy of this v war oe tosenn-parr sane rev ere, the City of Wilmington and Now Hanover County to Insure that any sediment disposal is propwly handled. e.) The outlet pipe downstream from the outlet structure is covered by railroad ties. This will cam flooding upstream during major storm events. The railroad des must be removed so that proper drainage may be restored. The pond is maintained on a regular basis by the staff of Jungle Rapids. a) A field survey of the pond has not been performed, but the nutrient uptake plant vegetation around the perimeter appeared to be healthy and functioning properly and the effective storage is available. 5DICKSON Mr. Tracy Davis, PE November 3, 2014 Page 3 b) The outlet structure will be replaced when the City of Wilmington constructs the Brenda Drive Drainage Improvements. For years the downstream adjoining property owner has attempted to block and divert the outlet flow from the pond. The staff of Jungle Rapids has responded by clearing the obstructions on the Jungle Rapids property. Since the City obtained a modification to the Jungle Rapids stormwater permit in December of 2012, they have been finalizing the details of their project and obtaining easements, which hopefully provides a satisfactory explanation to DEMLR for the site conditions differing from the latest permit modification. The City anticipates the Brenda Drive Drainage Improvement project will start in early 2015. c) See note b above for history and pending action by the City for improvements. d) We did not find any drop inlets in need of maintenance when we visited the site on October 24, 2014; they may have been cleaned by the Jungle Rapids staff since the DEMLR compliance inspection. We will be glad to meet with DEMLR on site to inspect the inlets again, if we are provided a timely notice. Also the swimming pool paint is a non -toxic paint. e) See note b above for history and pending action by the City for improvements. 3. Per Secdw 1/ 8 of the Permit, upon cornpletton Of carrstraiction, to Issuance of a Certificate of Occupancy, and prior to operation of this parmkted ffa nNity, a cerMation must be received f m an appropriate a►estgner for the sy�stem InaHed ceiilfying that Uie permi7teal fci7ity has been installed In accordance a�tith this perml� the approved plans and specifacati�� and other supporting d�umentatron. r4ny deviations fiarrt the approved plans and specifications must be noted an the Certificatton. On August 27, 2008 an Engineer Certification was completed and sent to the Division. However, various modifications have been made to the pond since this original ceMca don was conducted. Because the permit was modified December 4, 2012 and the August 18, 2014 inspection resealed deviations from the approved modfication, a new engineer cer ificaion will have to be conducted and submitted to DEMLR. This cerulknuon should be conducted once all of the other non-compliance issues are corrected for this project. We are unaware of any modifications to the pond since the last certification. Upon the City completing the Brenda Drive Drainage Improvement project, we presume a certification will be provided to DEMLR by the City for the most recent modification to the permit. We have recommended to Jungle Rapids that the seasonal preparation of the swimming pools be conducted with additional supervision to avoid any unauthorized water being discharged into the stormwater pond. WDICKSON Mr. Tracy Davis, PE November 3, 2014 Page 4 We trust this letter adequately responds to your letter of August 20, 2014. However, as stated earlier, we will be glad to meet with DEMLR on site to further discuss and understand any items we may not have adequately addressed. Sincerely, W.K. Dickson & Co., Inc. Daniel E. Dawson, PE cc: Robert Rippy, Jungle Rapids, via bobriapy(ftahoo.com Chris Baker, Wilmington Regional Office, via chris.bakerCcancdenr.aov DWKDKSON Robert S. Rippy 5320 Oleander Drive Wilmington, NC 28403 September 2, 2014 Mr. Tracy Davis Director, Division of Energy, Mineral and Land Resources NCDENR 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Davis: I am in receipt of your letter dated August 20, 2014 concerning the retention pond at Jungle Rapids. I have talked with Mr. Dan Dawson, W K Dickson and Company, our contracted engineer of record, and given him your letter. He will be in contact with NCDENR shortly concerning this matter. Please know that we will continue as we always have to remain in compliance with all North Carolina regulations. Sincerely, Robert S. Rippy 910-352-3385 F SEP 03 2014 BY. C13 r%- -a Er ra L rD Ln it Postage Certified Fee ru C3, r3 - Return Receipt Fee (Endorsement Required) red) j1d Postmark H M Restricted Deliver (Endorsement Required) ho 'W e 7 F-1 r9i Total Postage & Fees I $ �k- ca E=l - Se 0 Z' 'K,/' 7— C3 tr Apt. F jy or PO Box NoL�5 2-9 Cit PS Form 380 2006 --------------- 2�� • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X E3 Agent 1­1 AW. B. Received (Printed Name) C D to of Delivery , 1 14 D. Is delivery address different from Item V' 0 Yes If YES, enter delivery address below: 13 No 2. Service Type E3 Ge'rtified Mail El Express Mall E-3 Registered 13 Return Receipt for Merchandise E3 Insured Mail 13 C.O.D. 4. Restricted Delivery? (Extra Fee) 11 Yes 2. Article Number (Transfer from service label) 7008,1140 00112 9561 9678 S Spy 1!.%q*ha0V9Q04 111 111 DoftmO'Ibb' Return Receipt 102595-02-M-1540 PTA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor August 20, 2014 CERTIFIED MAIL # 70081140 0002 9561 9678 RETURN RECEIPT REQUESTED Robert S. Rippy, Owner 5320 Oleander Dr. Wilmington, NC 28403 Subject: NOTICE OF VIOLATION, NOV-2014-PC-0195 Jungle Rapids State Stormwater Permit No. SW8 960818 New Hanover County Dear Mr. Rippy: John E. Skvarla, III Secretary On August 8, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) and Division of Water Resources (DWR) received a citizen complaint and electronic video evidence of an unauthorized wastewater discharge to Jungle Rapids' state permitted stormwater pond and disposal of pool paint waste via regular refuse receptacles. On August 18, 2014 DEMLR and DWR personnel performed a compliance inspection, which included sampling of the sediment in the receiving stream, of the subject project, located off Oleander Drive, Wilmington, New Hanover County, North Carolina. The project has been found in violation of Stormwater Permit Number SW8 960818, issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found include: 1. Per Section 11.1 entirety, vegetated and operational During the inspection it was observed that additional "unpermitted" pipes and inlets, leading from unknown sources, were draining to the stormwater pond. In addition, blue paint chips were found in and around the pond. It is a violation of the Stormwater permit to discharge any process water or wastewater containing chemicals or paint materials to the stormwater pond. The stormwater pond was permitted by the state for the exclusive purpose of capturing stormwater only. 2. Failure to Maintain the Stormwater System. Per Section A of the permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. a.) The stormwater pond contains excessive sediment. The pond needs to be cleaned out and the approved bottom elevations must be re-established to insure the pond meets the volume capacity that was permitted. b.) The outlet structure is clogged with excessive debris; therefore it is not allowing the required design storm to be released between two (2) to five (5) days as designed. c.) The orifioe pipe in the outlet structure appears to be buried beneath sediment. The orifice must be unclogged so that the pond may function properly. d.) The drop inlet in the paved. parking area is filled with trash and debris. Based on the video provided to this office, DEMLR and DWR are aware that this is the inlet where wastewater from removing paint from the pools was discharged. This inlet will require cleaning and removal of all debris. Debris and sediment containing paint (which could possibly contain toxic metals) must be removed from this inlet Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension; Wilminctw, North Carolina 28405 • (9101796-72151 Fax: (910) 350-2004 August 20, 2014 Jungle Rapids Stormwater Permit No. SW8 960818 and the pipe and must be disposed of properly. Please be aware that a copy of this violation will be sent to other state divisions, the City of Wilmington and New Hanover County to insure that any sediment disposal is properly handled. e.) The outlet pipe downstream from the outlet structure is covered by railroad ties. This will cause flooding upstream during major storm events. The railroad ties must be removed so that proper drainage may be restored. 3. Failure to certify the stonnwater system. Per Section ll. 8 of the Permit, 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. On August 27, 2008 an Engineer Certification was completed and sent to the Division. However, various modifications have been made to the pond since this original certification was conducted. Because the permit was modified December 4, 2012 and the August 18, 2014 inspection revealed deviations from the approved modification, a new.engineer certification will have to be conducted and submitted to DEMLR. This certification should be conducted once all of the other non-compliance issues are corrected for this project. To correct these violations you must: 1. Provide a written "Plan of Action" by September 20, 2014 to this office. This plan must outline the actions you will take to correct the violation(s) listed above and a time frame for completion of those actions. 2. Upon completion of all non-compliance issues, conduct and submit a new "Engineer Certification to this office. Failure to provide the "Plan of Action" by September 20, 2014 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. If you have any questions concerning this matter, please call Chris Baker at (910)-796-7335. :Sicer ly, Tracy vis, P.Q,Dector Division of Energy, Mineral and Land Resources GDS1csb: G:1WQ1SharedlStormwaterlPermits & Projects119961960818 HD12014 08 NOV 960818 cc: Jim Gregson Division of Water Resources Wes Hare Division of Waste Management Rob Gordon, P.E., City of Wilmington New Hanover County Building Inspections New Hanover County Environmental Services Bradley Bennett, DEMLR Georgette Scott, Stormwater Supervisor WiRO Stormwater Permit File Page 2 of 4 � §§§ g,` � 2 kK§�R§§ K � $ 2 A . P t! m { §ase E� ■ . , % £■l��IL 0Aa■!!# 2 - @ U)IL � A U § R■ ac § 0 � _ ■ � ■ 2 § 2 - LLI ! ° ! ■ g a z inull z @§§.§� t a �° 2s E ■ § t � `��@ ) ■ �JI§12)3w) 1 22 d gal k§ LU § fb 3 1 e 'S �a w� Q A N O LJ 5 V °e m - a B F a n o C w � O 0 0 C m F e e v eee A a 7 a '$ 1L ,•moo e a � e e e e s Is s a Ir. e ir 6 e 6 In o m 2 e J W ee� � � � � �Q, e' q � � � " o •V �g 19 q T V f p• o .y Nxac�c�c3�x�'za�,� ae 1^ e .g x W 6 x W j H � w 5 3 y 000 .Ge Fh a u 3 e 3 N M < y a��te_ �2ap.d.s S,o Iple- PleSt,16 WSRC TR-98-00110 Ecological Screening Values for Surface Water, Sediment, and Soil by G. P. Friday Westinghouse Savannah River Company Savannah River Site Aiken, South Carolina 29808 DOE Contract No. DE-AC09-968RIS500 This paper was prepared In connection vr[th work done under the above contract number with the U. S. Department of Energy. By acceptance of this paper, the publisher and/or recipient acknowledges the U. S. Government's right to retain a nonexclusive, royalty -free license in and to any copyright covering this paper, along with the right to reproduce and to authorize others to reproduce all or part of the copyrighted paper. �.►�e.i'i3+-Yi i1 1i xJ./.tix/J "'� lS'� I +-` 1 •1v�jfil�:.:c;vow' f CA_f "t r'1 t3 } [j�� t�� 1I u CA -A—, / 04S Ecological Screening 1/alueS I WSRC-TR-98-00110 TABLE S. Ecological Screening Values for Sediment. TargeteList Target Screening CONSTITUENT Analylyt Compound Source List Metals (mglkg) Antimony ✓ 12 [1] Arsenic ✓ 7.24 [1) Arsenic III ✓ 8.2 [2] Barium ✓ 200 (4] Cadmium ✓ 1.0 (1] Chromium Of 52.3 [1] Cobalt ✓ 20 (4] Copper ✓ 18.7 -111 Lead ✓ 30.2 [1] Mercury ✓ 0.13 [1] Molybdenum 10 (4] Nickel ✓ 15.9 [1] Silver ✓ 2.0 [1] Zinc ✓ 124 U] Inorganic Compounds (mglkg) Cyanide (free) ✓ 1.0 [4) Cyanide complex(pH<5) ✓ 5.0 [41 Cyanide complex(pH>5) ✓ 5.0 [41 Thiocyanates (total) 2.0* f41 Organics (µglkg) Acenaphthene ✓ 330 jl] Acenaphthylene ✓ 330 jl] Aldrin ✓ 2.5 [41 Andwacene ✓ 330 [1] Atrazine 0.05 141 Benzene ✓ 50 (4) Benzo(a)anthracene ✓ 330 (1] Benzo(a)pyrene it 330 [1] Biphenyl 11100 [2] Bis(2-ethylhexyl)phtJWate ✓ 182 [l] Bromophenyl phenyl ether, 4- ✓ 1,300 (2] Butylbenzyl phthalate it 11.000 [2] Carbaryl 500* [41 Carbofuran 200* (41 Surface Nbrer, Sediment, and Soil Page 60 Ecological Screening Values WSRC-TR-98-00110 TABLE S. Ecological Screening Values for Sediment. Target CONSTITUENT Thrget Compound wing Source �,nalyte List List Value Tribramomethane 650 [2] Tkichlorobenzetie;1,2,4-, 9,200 [2] Trichlorobenzene (total) 10 [4] nichlorroetbage, l,1,A- ✓ 170 [2]. Trichloroethene 1.0 [4] Trichlorombtliane 1.0 [4]. Trichlorophenols (total) it 1.0 (4] Vinyl -Chloride • ✓ 10* [4] Xylene ✓ 50 [4] xylene, m- if 25 [2] * Value represents the intervention value (MHSPE 1994) divided by a factor of 10. Source: [1]EPA (1995). [2]EPA (1996). [3]Enviromnent Canada (1995b). [4]1l4inistry of Housing, Spatial Planning and Environment (1994). Surface Water, Sedimeg and Soil page 63 AC11777 XC MAX Water Sciences Section -Chemistry La6oratory Wesufts County: NEW HANOVER Sample ID: AC11777 River Basin CPF01 PO Number # 14WIS097 Report To WIRO DWR Date Received: 08/19/2014 Collector: S GARRETT Time Received: 08:10 Region: WIRO Dlvlston of Water Resources Labworks LoginlD TASCENZ01Final Sample Matrix: SOIL/SEDIMENT Report Date: 11/26/14 Loc. Type: WA Final Report Report Print Date: 11/26/2014 Emergency Yes/No VisitlD COC Yes/No Loc. Descr.: UT TO HEWLETTS CREEK DS OUTLET STRUCTURE Location ID: JUNGLE2 Collect Date: 08/1812014 Collect Time: 10:05 Sample Depth !f this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. CAS # LAB Analyte Name Sample temperature at receipt by lab PQL Result/ Qualifier 0.0 Units °C Method Reference Analysis Date 8/19/14 Validated by MSWIFT MET 7440-38-2 Arsenic solid samples by ICPMS 0.20 0.38 mgft EPA200.8 11/24/V ESTAFFORD1 7440-43-9 Cadmium in solids samples by ICPMS0.20 0.20 U mg/kg EPA200.8 11/24/19 ESTAFFORDI 7440-47-3 Cr in solids samples by ICPMS 0.20 4.4 mg/kg EPA200.8 11/25/U ESTAFFORD1 7440-50-8 Cu solid samples by ICPMS 0.20 5.8 mg/kg EPA200.8 11/24/1f ESTAFFORDI 7439-92-1 Lead in solids samples by ICPMS 0.20 2.2 mg/kg EPA200.8 11/24/1d ESTAFFORDI 7440-02-0 Nickel in solids samples by ICPMS 0.20 4.1 mg/kg EPA200.8 11/25/1d ESTAFFORDI Percent Dry Solids 79.4 % EPA200.2 11/24/1d ESTAFFORDI 7440-32-6 Ti (Titanium) by ICP 0.20 580 J2 mg/kg EPA200.7 11/25/1d ESTAFFORDI 7440-66-6 Zinc in solids samples by ICPMS 0.20 39 mg/kg EPA200.8 11/25/1,1 ESTAFFORDI Sample Comments MET:Ti-J2-Estimated-SRM recovery<85% (13.3%) MET:Ti-J2-Estimated- LFM recovery>115% (302.7%) WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to<httD://Dortal.ncdenr.om/web/wa/ovs/methods-and-nals> Page 1 of 1 m NA a co d 0 WO co N 2' 3 N OD c y e -� m B z R m Q o —.�. y o m o m m N m m f c D S c IIfill v 0S tl10 AJ-C + N 0" +wN OCA C)CO � 6 D o. '1 y�f,� � c�wOaD���v.�_ i�3m�3c3 n3�- 0�D� mT. Pi�1.0D�mvPO ���=���gzV�Z3� J� • c> � � s c> � � -1 S .0 C m D� � D gg m�"r'ylliv CL 1 W CD ra n p1 m 3 raw �I a=—� �o� p O� z �NOm 0Zc1J� 3 3 3 �e� y3r-J..mWmr,r°I,cDppVn. ommct N m 91P.mm m O �f �mm°' CL m mo C) n� Sao mZ�- O i .00 Q now �r.p, m amm a1fn�a5�m Goa �Z`¢.�DO O�� c A $o om^v g m N�c- �� �1 m Tom_. O �� 1 I _ n �9 c= 4 m tnm C)�m v v c� tmii — D Oin.D o,^ 09 mCm a M. O 'o ID 0 'O'OP.npm n no0? Om may 0 Z E� �O �v c �_ n �A s C� pa tloi.NN mDi aOr'N m ' b m m i' I o. p D g m C &~i m p m �.._. r N ■ Z i Fr Compliance Inspection Report Permit SW8960818 Effective:12104/12 Expiration: 11/19/23 Project Jungle Rapids Owner. Robert Rippy- County: Nev. Hanover Adress: 5320 Oleander Dr Region: Wilmington City/State/Zip: Wilmington NC 28403 Contact Person: Robert Rippy Title: Phone: 910-791-0666 Directions to Project: From the intersection of College Rd. and Oleander, follow Oleander Dr. east approx. one mile site on right. Type of Project: State Stormwater - HD - Detention Pond Drain Amas: 1 - (Hewletts Creek) (03-06-24 } ( SA;HQW} On -Site Representative(s): Related Permits: Inspection Date: 08/18/2014 Entry Time: 09:30AM Primary Inspector: Christopher Baker Secondary Inspector(s): Reason for Inspection: Complaint Permit Inspection Type: State Stomrvvater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Tlme: 11:30AM Phone: Inspection Type: Compliance Evaluation page: 1 Permit: SW8960818 Owner - Project: Robert Rippy Inspection Date: 08/18/2014 Inspection Type Compliance Evaluation File Review Is the permit active? Signed copy of the tngineer's certification is in the file? Reason for Visit: Complaint Yes No NA NE ■ ❑❑❑ ❑ ■❑❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ 1:10 ❑ Comment: An enaineel's certification exist for earlier modifications of the permit but the latest permit modification does not have an enaineer's certification. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑ Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: A small concrete pad at the north side of the SW pond has been constructed that has not been ermitte . SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ Are the inlets located per the approved plans? ❑ 0 ❑ ❑ Are the outlet structures located per the approved plans? N ❑ ❑ ❑ Comment: Numberous inlets are entering the SW pond which have not been permitted. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ N ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: The SW pond is to the point where it needs to be cleaned out and the design bottom elevation reestablished. The outlet structure orifice could not be observed because it is buried below sediment. Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ 0 ❑ ❑ Comment: The inspection was initiated due to a complaint that paint waste had been discharged into the SW pond page: 2 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIMEc4�y 12 Z3 NAME CTI'O t'Cb n REPRESENTING _ C i}`I OF i7�,nyy''�^ �J Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1 Due. to the large public demand.for file cces , we ren��Pst that you call'at least a day in advance to schedule'an appointment for file review so you- can be accommodated. Appointments are scheduled between 9:00 a.m. and :;:00 p m Viewing time ends at 4,45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. -3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies cost per copy after the initial 25 is 2 5 per copy Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes etc. are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker'prior to reviewing files. FACILITY NAME COUNTY 2. iAAnoi 3. 4. 5. --- 2/ 23 11_ �•,�1 Signature/Name of Firm or Business Date - �-.-- Time in Time Out (Please attach business card to form if available) # Copes Amt. Pd.-