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Home My WebLink AboutSW6120504_CEI - NonCompliance Status Report_20240116 MLt' ROY COOPER Governor ELIZABETH 5 BISER Secretary a na WILLIAM,E.,TOBY VIN,SON,JR NORTH CAROLINA Interim l?freetpt Ehvlrorementad Qugtlty January 16, 2024 CERTIFIED MAIL: 7022 2410 0003 3233 6861 RETURN RECEIPT REQUESTED Jason S. Johnson 1135 Robeson Street Fayetteville, NC 28305 Subject: Compliance Evaluation Inspection-Non Compliance Status State Stormwater Management Permit SW6120504 Valley End High Density Subdivision Wet Detention Basin Project Cumberland County Dear Mr. Johnson: On December 20, 2023 and January 11, 2024, 1, Melissa.Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a Compliance Evaluation Inspection at the Valley End facility, located at Mission Mill Road, in Hope Mills, in.Cumberland County, North Carolina. The purpose of the inspection was to ensure compliance with State Stormwater Management Permit SW6120504 that was issued on July 3, 2012. A copy of the Compliance Inspection Report is enclosed for your review. As a result of the inspection and subsequent file review, it has been determined that the facility is Not Compliant with the conditions of the subject permit and approved plans. The required actions that are necessary to bring this site into compliance are noted under the Inspection Summary and Comments sections of the report.You are asked to provide this office a written/typed response within 30 calendar days from receipt of this letter.Your response should specify actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information may constitute the issuance of a Notice of Violation,which is subject to the assessment of a civil penalty of up to$25,000 per day, per violation. If you have any questions or this office can be of any assistance, please contact me at(910)433-3384 or by e-mail at melissa.joyner@deq.nc.gov Sincerely, Melissa Joyner Environmental Senior Specialist Enclosure: Non-Compliant Compliance Evaluation Inspection Report ec: Jeff Nobles, P.E. -Larry King&Associates, R.L.S., P.A. Benjamin Stout, Managing Member—Stout Land Development Co., LLC cc: FRO--DEMLR, State Stormwater Files, SW6120504 North Carolina Department of Environmental Qtiallty I Divislon.ef Energy,Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street.Suite 7141 Fayetteville,North Carolina 28301 neoremsrunnienrs�uvat�t,� �/�"''1 910.433.3300 Compliance Inspection Report Permit: SW6120504 Effective: 07/03/12 Expiration: 07/02/20 Project: Valley End. Owner: St James Square Inc County: Cumberland Adress: Mission Hill Rd Region: Fayetteville City/5tatelZip: Hope Mills NC 28348 Contact Person:Jason S Johnson Title: Phone:910-438-0796 Directions to Project: Type of Project: State Stormwater- HD-Detention Pond Drain Areas: 001 -(Rockfish Creek[(Upchurches Pond, Old Brower Mill Pond (Number Two L 002 -(Rockfish Creek[(Upchurches Pond, Old Brower Mill Pond (Number Two L 003-(Rockfish Creek[(Upchurches Pond, Old Brower Mill Pond (Number Two L On-Site Representative(s): Related Permits: Inspection Date: 12/20/2023 Entry Time 02:30PM Exit Time:03:05PM Primary Inspector: MelissaAJoyner 'w' a`� Phone: Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant N Not Compliant Question Areas: State Stormwater (See attachment summary) page 1 Permit: SW6120504 Owner-Project: St James Square Inc Inspection Date: 12/20/2023 Inspection Type Compliance Evaluation Reason for Visit: Complaint Inspection Summary: Pond A was inspected on 12/20/2023 due to a Complaint received by this Office. Ponds B and C were inspected on 1/11/2024 with Ms. Jodi Pace. The stormwater detention ponds were installed per the approved plan but proper operation and maintenance has not occurred with Pond A which is overgrown with vegetation on the side slopes and forebay berm/emergency spillway. There is erosion oberved on the emergency spillway of this Pond. The outlet structure appears broken because the skimmer no longer appears to be attached to the outlet structure. Basin B and C also have some maintenance issues with Basin B needing some additional stabilization with permanent groundcover. Basin C has cattails growing in the pond, some vegetation growing in the riser and erosion on an upper slope which needs stabilization. Appropriate maintenance must be conducted on all components of the permitted stormwater control measures per the conditions of the permit and/or Stormwater Design Manual to ensure proper operation and to meet approved design criteria. This includes proper vegetation management, repair and stabilization of any eroded areas and any necessary repair of the outlet structure. The permit was issued on July 3, 2012 and expired on July 2, 2020. A permit renewal application has not been submitted at least 180 days prior to this expiration date. This needs to occur as soon as possible. A completed Designer's Certification must be submitted for the file. There is now a new owner of this permit and the permit needs to be transferred to the new owner. Please go to the following link to initiate this process: https://www.d eq.n c.gov/abouttd ivis ion s/e nergy-m i nera l-and-1 and-resources/stormwater/sto rmwate r-program/pos t-construction-program/permit-transfers-renewals page 2 Permit. SW6120504 Owner-Project: St James Square Inc Inspection Date: 12/20/2023 Inspection Type Compliance Evaluation Reason for Visit: Complaint File Review Yes No NA NE Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ■ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑E1 Comment: There is no signed copy of the Engineer's certification in the file. _Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑ Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑ provided to DWQ upon request? Comment: Pond A is overgrown with vegetation on the sideslopes. There is erosion of the emergency spillway located between the upper and lower part of this Pond. The skimmer does not appear to be attached to the outlet structure which is broken. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ■ ❑ ❑ ❑ Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ■ ❑ ❑ Comment: A permit renewal application has not been submitted at least 180 days prior to the expiration date of the permit which expired on July 2 2020. There is a new owner of this permit and the permit needs to be transferred to the new owner. page 3