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Home My WebLink AboutSW8980808_Notice of Violation_20201119ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Dimctor NORTH CAROLINA Environmental Quality November 10, 2020 CERTIFIED MAIL #7017 0190 0000 9526 9659 RETURN RECED'T REQUESTED Ms. Billie M. Bell Howard 3153 Freedom Way Hubert, NC 28539 CERTWMD MAIL #7017 0190 0000 9526 9666 RETURN RECEIPT REQUESTED ABJK, LLC Mr. A. Jeffrey Brown, Registered Agent 115 Atlas Brown Drive Jacksonville, NC 28540 CERTIFIED MAIL #7017 0190 0000 9526 9673 RETURN RECEIPT REQUESTED Robert and Debbie Fisher 112 Oyster Bay Road Swainsboro, NC 28584 CERTIFIED MAIL #7017 0190 0000 9526 9680 RETURN RECEIPT REQUESTED Titan Carolina Concrete 5700 Lake Wright Drive STE 300 Norfolk, VA 23502 CERTIFIED MAIL #7017 0190 0000 9526 9697 RETURN RECEIPT REQUESTED Deep Creek Landing, LLC 124 Leslie Drive Hubert, NC 28539-3745 CERTIFIED MAIL #7017 0190 0000 9526 9703 RETURN RECEIPT REQUESTED Onslow County 234 NW Corridor Blvd Jacksonville, NC 28540-5309 Subject: NOTICE OF VIOLATION, NOV-20MPC-0472 Ouslow Asphalt Stormwater Permit No. SW8 980808 Onslow County Dear Sirs and Madams: ✓LF Nav I '.) 2020 On November 6, 2020, W ihnington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed a Compliance Inspection of the subject project, located at Freedom Way, Onslow County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 980808 issued to you on November 2, 1998. North Carolina Department of Environmental Quality I Division of Energy. Mineral and land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 rvartH curouNn �` 910.796.7215 State Stormwater Permit No. SW8 980808 November 12, 2020 Page 2 of 3 The project has been found in violation of Stormwater Permit Number SW8 980808; issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are: Failure to Modz:& the Permit. The SW8 980808 low density permit was issued based on a 111.16 acre project area, which Ms. Howard owned at the time the permit was issued. Per Design Condition 1.12 of the permit, further subdivision of the project area requires that the permit be modified. Several parcels out of that 111.16 acre tract have been subdivided and conveyed to the various entities listed below, all without benefit of approval from the Division to modify the permit. The remaining acreage for low density is ±72.74 acres as reflected on the current Onslow County GIS record for this parcel. Four of the parcels have been re -permitted, without modification to this permit. a. Robert & Debbie Fisher — 1.00 acre on January 26, 1999; b. Onslow County — 0.92 acres on March 18, 2003; c. Robert & Deborah Fisher — 4.24 acres on July 20, 2004; SW8 041225 d. ABJK, LLC — 10 acres on February 2, 2006; e. Titan Carolina Concrete, LLC — 10.05 acres on August 16, 2007; SW8 070210 (issued to Two -Ten Investors, Inc.) f. Deep Creek Landing, LLC — 2.37 acres on April 2, 2013; SW8 130806 g. Sharon Howard Quinn — 0.58 acres on April 18, 2016; h. Robert & Deborah Fisher — 7.65 acres on December 6, 2017; i. Robert & Deborah Fisher —1.40 acres on November 26, 2018; SW8 180302 A separate new permit application must be submitted under the 2017 rules if any "subject" development has occurred within their parcel after ownership of the parcel was conveyed. Parcels that have a permit already or do not have additional development, need to be transferred to the new property owner or simply update the mailing address. 2. Failure to Operate and Maintain the Stormwater Sxstem. Per Section 11 Schedule of Compliance #21 the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The site is not utilizing sheet flow or vegetated conveyances in the location of the asphalt and rock stockpiles, as detailed in the current permit documents. Please note that the ability to utilize sheet flow and vegetated conveyances will not be sufficient to meet the minimum treatment requirement if the density within the 10 acre project area exceeds 12%. As also stated in the permit, the approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals, including, but not limited to: • Routine monthly inspections; • Sediment Removal; • Mowing and re -vegetation of side slopes; • Immediate repair of eroded areas; • Maintenance of side slopes in accordance with the approved plans and specifications; • Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping; • Access to the outlet / bypass structure must be available at all times To correct these violations you must: 1. Submit applications for modification of the original permit area. The areas that have subsequent permits need to be removed from this permit. The Fisher tracts should be revised to include all development after 1998. The front metal buildings and the associated parking lots are phased development in conjunction with SW8 041225 Fisher Rentals. The Fisher Rentals permit must be brought into compliance with the permit including revising the plan to match field conditions and installation of stormwater control measures. State Stormwater Permit No. SW8 980808 November 12, 2020 Page 3 of 3 4. The asphalt plant area must revise the plan or submit a new permit application to accommodate the density of the area. Please provide a "Plan of Action' by January 1, 2021 to DEMLR that states how and when these violations will be corrected. If we do not receive your plan of action by this date you will be in violation of 15A NCAC 2H.1000, which could result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the Onslow County Building Inspector, this office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Brian Lambe or me at (910)796-7215. Sincerely, CO„ �Qk Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Compliance Inspection Report DES\bpl: \\\Stormwater\Permits & Projects\ 1 998\980808 LD\2020 11 NOV 980808 cc: Sharon Howard Quinn; 3196 Freedom Way; Hubert, NC 28539-3802 Onslow County Building Inspections Annette Lucas, PE; DEMLR Wilmington Regional Office Stormwater File Compliance Inspection Report Permit: SW8980808 Effective:11/02/98 Expiration: Project: Onslow Asphalt Owner: Onslow Asphalt Inc County: Onslow Region: Wilmington Contact Person: Billie Howard Directions to Project: Title: Type of Project: State Stormwater - Low Density Drain Areas: 1 - (Queen Creek) (03-05-01) ( SA;HQW) On -Site Representative(s): Related Permits: Adress: 103 Waterfront Rd City/State/Zip: Hubert NC 28539 Inspection Date: 11/06/2020 Entry Time 01:OOPM Primary Inspector: Brian P Lambe Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Phone: Exit Time: 02:OOPM Phone: Inspection Type: Compliance Evaluation page 1 permit: SW8980808 Owner - Project: Onslow Asphalt Inc Inspection Date: 11/06/2020 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: Submit applications for modification of the original permit area to remove the areas that have subsequent permits. The modficiation must either address the revisions to the asphalt plant area or a new permit application must be submitted accommodate the density of the area. page 2 Permit: SW8980808 Owner - Project: Onslow Asphalt Inc Inspection Date: 11/06/2020 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ 0 ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ❑ 1:10 ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ M ❑ Comment: The permit does not allow for additional impervious area without modification of the permit per design standard 7. The permit requires revised plans anytime there is any revision to the approved plans, transfer of ownership, redesign or addition to the approved amount of built upon area,or further subdivision of the project area. 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? ❑ M ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ 0 ❑ ❑ Comment: The asphalt plant has four SCMs that are not on the original permit map. The map details sheet flow a treatment. The site conditions of the plant do not allow for sheet flow. Other areas of the permitted area have been developed with other stormwater permits or without stormwater permits. Fisher properties have additional permits: SW8 180302 (not constructed post offic and SW8 041225 (not constructed according to plans). The two metal buildings on the Fisher propertiE should have been included in thier SW8 041225 permit as phased development. Those properties will need to find a permitting solution. The Titan Carolina Concrete LLC Property is permitted under SW8070210, which will need to be transferred. Deep Creek Landing LLC obtained SW8130806. The SW8 980808 permit should have been modified exclude these areas. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Yes No NA NE ❑ ■ ❑❑ ❑ ❑ M❑ Are the outlet structures located per the approved plans? ❑ ❑ ■ ❑ Comment: The permit documents sheet flow as the means of treatment. The asphalt plant utilizes four ponds for stormwater treatment. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑■❑❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ M ❑ ❑ DWQ upon request? Comment: The permit documents sheet flow as the means of treatment. The asphalt plant utilizes four ponds for stormwater treatment. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑s❑❑ page 3 Permit: SW8980808 Owner - Project: Onslow Asphalt Inc Inspection Date: 11/06/2020 Inspection Type Compliance Evaluation Reason for Visit: Routine Comment: The permit has not been modified or revised to accomodate additional impervious area and subdivisio the original 111 acres permitted as low density. Four permits have been issued for parcels, but this permit was not revised to reflect those changes. Other WO Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ 1111 ❑ Comment: page 4