dep west virginia department of environmental protection

Environmental Enforcement 601 57th Street, SE Charleston, WV 25304 Telephone: (304) 926-0470 Fax: (304) 926-0488

July 20,2015

CERTIFICATION

SUBJECT: Four Points Construction, Inc.

APPEAL: # 15-13-EQB

Earl Ray Tomblin, Governor Randy C. Huffman, Cabinet Secretary

www.dep.wv.gov

JUl 2 0 2015

ENVIRONMENTAL QUAlITY BOARD AIR QUAUlY SOARD

I, Jeremy W. Bandy, Chief Inspector of Environmental Enforcement, Department of Environmental Protection, on behalf of the Director of the Division of Water and Waste Management, in compliance with WV Code, Chapter 22 B-I-7 (e) as amended, do hereby certify that the enclosed is a true and accurate reproduction of the proceedings out of which the appeal arises, including documents in the Director's file relating to the matter in question. Due to reproduction problems, maps, photographs, videos, etc. may have been omitted.

cc: Scott G. Mandirola, Director, DWWM (via email) Joseph Hickman, Asst. ChiefInspector, EE - WW (via email) Matthew Alt, Environmental Inspector, EE - WW (via email) Office of Legal Services

Promoting a healthy environment.

~ UNITED STATES I!iiII POSTAL SERVICEN

Date: June 2, 2015 .

Environmental Protection:

The following is in response to your June 2, 2015 request for delivery information on your Certified MailTM item number 9171999991703432602681. The delivery record shows that this item was delivered on May 30, 2015 at 3:43 pm in MARTINSBURG, WV 25405. The scanned image of the recipient information is provided below.

Signature of Recipient: ,

Address of Recipient:

Thank you for selecting the Postal Service for your mailing needs.

If you require additional assistance, please contact your local Post Office or postal representative.

Sincerely, United States Postal Service

000001.

west virginia department of environmental protection

Environmental Enforcement 601 571h Street SE Charleston, WV 25304

Earl Ray Tomblin, Governor Randy C. Huffinan, Cabinet Secretary

www.dep.wv.gov Telephone: (304) 926-0470 Fax: (304) 926-0488

May 25, 2015

Four Points Construction, Inc. Mr. Sol Trotter 365 Sweetbriar Road Martinsburg, WV 25401

CERTIFIED RETURN RECEIPT REQUESTED

91 7199 9991 7034 3260 2681

Mr. Trotter:

Enclosed is Order No. 8388 dated May 25,2015. This Order is issued to Four Points Construction, Inc. by the director of the Division of Water and Waste Management under the authority of Chapter 22, Article 11, Section 12 of the Code of West Virginia. This Order contains notification of the right of appeal under the provisions of Chapter 22, Article 11, Section 21.

J my Bandy . bief Inspector

cc: Scott G. Mandirola, Director, DWWM (via e-mail) Yogesh Patel, Asst. Director, DWWMlPermits (via e-mail) Joseph M. Hickman. Assistant Chief Inspector, EE/WW (via e-mail) David C. Simmons, Assistant Chief Inspector, EE (via e-mail) Christopher M. Gatens, Enforcement Hearing Officer, EE (via e-mail) Laura McGee, Environmental Resources Specialist (via e-mail) Robin C. Dolly, Environmental Inspector Supervisor, EE/WW (via e-mail) Matthew AIt, Environmental Inspector, EE/WW (via e-mail) Shyrel Moellendick, MSSS, EE (via e-mail) Lisa Trakis, US EPA, Region III (via e-mail)

revised April 2015

Promoting a healthy environment. 000002

.... ~. '.;~~' ._' .. ::' " .. '

p west virginia department of environmental protection

Division of Water and Waste Management 601 57th Street SE Charleston, WV 25304

Earl Ray Tomblin. Governor Randy C. Huffman, Cabinet Secretary

www.dep.wv.gov Phone: (304) 926·0470 Fax: (304) 926-0488

ORDER ISSUED UNDER THE

WATER POLLUTION CONTROL ACT WEST VIRGINIA CODE, CHAPTER 22, ARTICLE 11

TO: Four Points Construction, Inc. Mr. Sol Trotter 365 Sweetbriar Road Martinsburg. WV 25401

DATE: May 25,2015

ORDER NO.: 8388

INTRODUCTION

The following findings are made and Order issued to Four Points Construction, Inc. (hereinafter "FPCI") pursuant to the authority vested in the Director of the Division of Water and Waste Management under Chapter 22, Article II, Section 1 et seq. of the Code of West Virginia.

,,'

FINDINGS OF FACT

In support ofthis Order, the Director hereby finds the following:

1. FPCI is conducting land disturbance activity in association with construction of new homes in the Heritage Hill subdivision located in Pikeside, Berkeley County, West Virginia. The previous owners of this site w~re issued WVINPDES Water Pollution Control Permit No. WV0115924, Registration No. WVRI 02153, on August 2, 2006. That WVINPDES permit expired on June 30, 2013.

2. On Apri120, 2015, West Virginia Department of Environmental Protection (WVDEP) personnel conducted an inspection of the facility. During the inspection, violations of the following sections of WV Legislative Rules and WV State Code were observed and documented:

a. 47CSRIO Section 3.1 and 22-11-8- FPCI conducted land disturbance activity without authorization pursuant to a valid WV INPDES permit. Construction had been ongoing for approximately three (3) months, and approximately fifteen (15) acres had been disturbed.

Promoting a healthy environment. 000003

....... ..

Company/lndividual Order Page 2

b. 47CSR2 Section 3.2.a -FPCt caused conditions not allowable in waters of the State by creating distinctly visible settable solids in an unnamed tributary of Opequon Creek.

As a result of the aforementioned violations, Notice of Violation (NOV) Nos. 115-02-034-MJA and I15-02-033-MJA were issued to FPCI. .-

ORDERFORCO~LUNCE

And now, this day of May 25, 2015, FPCI is hereby ORDERED by the Director as follows:

1. FPCI shall immediately eease &: desist.any further land development activity until such time when compliance with all pertinent laws and rules is achieved, an approved plan of corrective action/schedule is submitted, and valid WV INPDES permit coverage is obtained for the aforementioned site. FPCI shall contact WVDEP to arrange an -inspection prior to restarting development activities. Environmental-Enforcement may be contacted at:

WVDEP Environmental Inspedor Supervisor NE Regional Environmental Enforeement Offiee

22288 Northwestern Pike Romney, WV 26757-8005

(304) 822-7266

2. Within thirty (30) days of the effective date of this Order, FPCI shall electronically submit an administratively complete application for WVINPDES permit coverage for the regulated activity. Any questions regarding the application process shall be directed to WVDEP DWWM-Pennitting Section at (304) 926-0495.

3. Within thirty (30) days of the effective date of this Order, FPCI shall submit for approval a proposed plan of corrective action and schedule, outlining action items and completion dates for how and when FPC! will achieve compliance with the tenns and conditions of its WV INPDES permit and all pertinent laws and rules. The plan of corrective action shall make reference to Order No. 8388. The plan of corrective action shall be submitted to:

WVDEP Environmental Inspeetor Supervisor NE Regional Environmental Enforeement Office

22288 Northwestern Pike Romney, WV 26757-8005

A copy of this plan shall be submitted to:

Chief Inspeetor Environmental EnforeelBent - Mail Code #031328

WVDEP 601 5Th Street SE

Charleston, WV 25304 000004

,...,." ....

,.

.-. Company/Individual Order

Page 3

Upon approval, the plan of corrective action and schedule shall be incorporated into and become part of this Order> as if fully set forth herein. Failure to submit an approvable plan of corrective action and schedule or failure to adhere to the approved schedule is a violation of this Order.

4. FPCI shall immediately install and maintain necessary stonn water and sediment/erosion control devices to prevent the release of sediment~laden water into waters of the State. All disturbed areas shall immediately be temporarily mulched until such time when compliance with all pertinent laws and rules is achieved, an approved plan of corrective action/schedule is submitted, valid WV /NPDES pennit coverage is obtained, and land development activity resumes, in accordance with Order For Compliance No. One (1) of this Order.

OTHER PROVISIONS

1. Compliance with the tenns and conditions of this Order shall not in any way be construed as relieving FPCI of the obligation to comply with any applicable law, permit, other order, or any other requirement otherwise applicable. Violations of the terms and conditions of this Order may subject FPCI. to additional enforcement action in accordance with the applicable law.

2. The provisions of this Order are severable and should a court or board of competent jurisdiction declare any provisions to be invalid or unenforceable, all other provisions shall remain in full force and effect.

3. This Order is binding on FPCI, its successors and assigns.

4. This Order shall tenninate upon FPCI's notification of full compliance with the "Order for Compliance" and verification of this notification by WVDEP.

RIGHT OF APPEAL

Notice is hereby given of your nght to appeal the tenns and conditions of this Order which you are aggrieved to the Environmental Quality Board by filing a NOTICE of APPEAL

, on the fonn prescribed by such Board, in accordance with the provisions of Chapter 22, Article 11, Section 21 of the Code of West Virginia within thirty (30) days after receipt of this Order.

This Order shall become effective upon receipt.

~ Scott G. Mandirola, Director Division of Water and Waste Management

000005

...

Conditions not allowable in an Unnamed Tributary of Opequon Creek. 4/20/15 11:00AM

000006

l.OOOOO

General Permit No. WVOl15924

D Termination Inspection

D Termination Approved

D Termination Denied-

WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION WVINPDES CONSTRUCTION STORMW ATER PERMIT

FACILITY NAME: Heritage Hills REGISTRATION No Permit No:

DEVELOPER (PERMITIEE) F our Points Construction, Attn: Sol Trotter Inc

ADDRESS: 365 Sweetbriar Road PHONE: Martinsburg WV 25401

LOCATION: Near Pikeside COUNTY: Berkeley CO-PERMITTEE: ADDRESS: SITE OPERA TOR: ADDRESS: Approximate Disturbed Acres 10

PERMIT / SITE EV ALUA TION 1. SlL T FENCE 9. HOUSEKEEPLNG 17. CONCRETE WASHOUT

2. DIVERSIONS/SLOPE DRAINS 10. RECORDS & REPORTS 18. MUD ON ROADWAYIDUST

3. SEDIMENT TRAPSIBASLNS 11. DITCH CHECKS 19. PERMANENT WATERWAYS STABILIZED

4. WASTEIBORROW SITES 12. STABLE CONSTRUCTION ENTRANCE 20.SWPPP/ GPPIPERMIT

5. MAINTENANCE 13. APPROPRIATE BMP'S IMPLEMENTED 2 1. OUTLET MARKERS

6. WATER BARS 14. ALL DOWNSLOPE AREAS

22 . ENTRANCE SIGN PROTECTED

7. STOCKPILES 15. DEVICES LNST ALLED LN TIMELY

23 . ORDER COMPLIANCE MANNER

8. STABILIZATION PRACTICES 16 INLET PROTECTION 24 . OTHER

S-Satisfactory U-Unsatisfactory N/A-Not Applicable N/O-Not Observed NID Not Determined M­Marginal

LAST INSPECTION: 3-2515 RECEIVING STREAMS(S): UT to Opequon Creek RECEIVING STREAMS(S) EVALUATION: MUDDY? Yes SEDI MENT DEPOSITS No

COMMENTS DEFICIENCIES AND RECOMMENDATIONS

I) 20 This project remains un-permitted with large areas of unstable soils. The builder continues to excavate individual house lots as well as grade common areas as necessary to achieve positive drainage. The builder, Four Points Construction, Inc. (representative Sol Trotter) has been contacted on numerous occasions and notified of need to permit the site.

2) 24 Sediment laden water was observed in the sediment basin as well as entering into the receiving stream (See photos).

WARNINGS: Immediately take all measures necessary to comply with WV State Code

U

U

and all applicable Rules and Regulations. 000008

INSPECTOR: Matthew Alt /7_fiK,/) UJd-

TIME: II :OOAM NOV: 2

DATE: 4/2011 5 SENT: ~ CERTIFIED DREGULAR

MAIL WEATHER: Clear TELEPHONE # SITE None PICTURES: REPRESENT A TIVE: Present

Distribution copies: Office, Permittee, Charleston, Inspector

Yes

ADDENDUM yes Modified: 4-7-14 nlh

*If Termination is denied - correct deficiencies noted above and resubmit NOT to DWWM - Permits

0 0 0 009

Violation No. I15-02-034-MJA

To the Operator or Agent of:

STATE OF WEST VIRGINIA Department of Environmental Protection

Environmental Enforcement

NOTICE OF VIOLATION

Facility Name: Heritage Hills Permit No. No Permit

Permittee or Individual Four Points Construction, Inc.

Located at or near Pikes ide in Berkeley County

Representative Sol Trotter Date 4/20/15 Time 11:00AM

Address / phone number 365 Sweetbriar Road, Martinsburg WV 25401

Whereas, an inspection of the above named operation by the undersigned, duly authorized agent of the Secretary, at which the following described condition or practice exists, in violation of Section(s) 47-10-3.1 of the Rules and Regulations and/or Section(s) of the Permit referenced above promulgated thereunder in that you:

Failed to obtain a WVINPDES Permit prior to commencing construction activity with land disturbance of 1 acre or greater.

The following corrective measures were discussed with you at the time of this inspection:

No project personnel on site at time of inspection.

Within 14 days provide a written response to the inspector named below, at the address indicated, detailing the actions taken to abate this violation.

Received by:

Signature

//:~it-/~.J Ctu-Matthew J Alt

Duly Authorized Agent / Inspector 304-822-7266 Telephone

Send Response to the Inspector at the address indicated below: WV Department of Environmental Protection Environmental Enforcement / WW 22288 Northwestern Pike, Romney WV 26757

Sent Certified Title

matthew .j.alt@wv.gov E-mail

00001.0

Violation No. I15-02-033-MJA

To the Operator or Agent of:

Department of Environmental Protection Environmental Enforcement

NOTICE OF VIOLATION

Facility Name: Heritage Hills Permit No. No Permit

Permittee or Individual Four Points Construction, Inc.

Located at or near Pikeside in Berkeley County

Representative Sol Trotter Date 4/20115 Time 11 :OOAM

Address / phone number 365 Sweetbriar Road, Martinsburg WV 25401

Whereas, an inspection of the above named operation by the undersigned, duly authorized agent of the Secretary, at which the following described condition or practice exists, in violation of Section( s) 47 -2-3.2.a of the Rules and Regulations and/or Section(s) of the Permit referenced above promulgated thereunder in that you:

Have caused or contributed to Conditions Not Allowable in State Waters by causing or allowing distinctly visible settleable solids in the stream.

The following corrective measures were discussed with you at the time ofthis inspection: No on site personnel at time of inspection.

Within 14 days provide a written response to the inspector named below, at the address indicated, detailing the actions taken to abate this violation.

Received by:

Signature

Duly Authorized Agent / Inspector 304-822-7266 Telephone

Send Response to the Inspector at the address indicated below: WV Department of Environmental Protection Environmental Enforcement / WW 22288 Northwestern Pike, Romney WV 26757

Sent Certified Title

matthew.j.alt@wv.gov E-mail

000 011

WVDEP-DWWM Permitting and Engineering Branch 601 571h Street SE Charleston, WV 25304-2345

DA'I'E: March 19, 2015

FROM: Sue Martin for Floyd Baker

Dear D.E.P.

REC'O MAR 2 3 2015

Attached is the Notice of Termination for the permit associated with the project that my father, Floyd Baker, was developing.

Back in 2009, he "gave" the property back to BB&T as a Deed in Lieu of Foreclosure due to the economy decline that forced him to loose the development.

Development was then at a stand-still until 8B&T sold the development to Lynch Christian of Lynchburg, Virginia and his company, Oakwood HH. (I was told that they have already applied for permit with the DEP.)

In February, my father passed away. This termination form is signed by Patricia Baker, the Administratrix on his Estate. (I have also enclosed her Letter of Administration for his Estates.)

By way to assisting my mother with the tasks associated with my father's passing, you may contact me with any questions.

iJ11L~ Sue-Martin (304) 263-5451

ps: In a file I found the enclosed letter where my father had requested a termination form on October 19. 2009. but I do not have a copy of the form.

0000:12

11I:eii.er of J\bmini5iraiion

Estate of FLOYD I. BAKER

.1, MARIA L. CHILDERS, Fiduciary Supervisor of the Berkeley County Council, in the State of West

Virginia, do hereby certify that PATRICIA A. BAKER was on the 12th day of March, 201S, appointed by

the Berkeley County Council as executrixes) of the Estate of FLOYD I. BAKER, duly qualified as such by

taking oath prescrIbed by Jaw, and by giving approved bond in the sum of SO.OO. as required by law.

NOW THEREFORE. be it known that said appointment is now in full force and effect and that full faith and

credit are due and should be given to all the acts of the said PATRICIA A. BAKER as such executrixes) of

the Estate of FLOYD I. BAKER. as well in all jurisdictions. as elsewhere.

Lott __ rpI

IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of the Berkeley County Council at my office in said County on the 12th day of March. 201S.

,

~~.~~ MARIA L. CHILDERS Fiduciary Supervisor of the Berkeley County Counc'

000013

R£C'D MAR 2 3 2015 PI_ See lIIsUuctIons Beron Completinllbis Fonn

NPDES Notice orTermln.llon (NOT) orCovenle Under a NPDES GeDent Permit ror FORM Storm Water Dllchlrles AIsodateci with Construction Activity

Sabmlssloa 0(11111 NodceofTamIDIIIoII COIIIIihdeI notIoollaatlile pIIIY ldeeIUIed III SectIoa II of ... fiInII ... IoqerlllllorimllOcIlIc ...... lIOnD_ usodafDd willi coIIIInICIIoe ICIIvIty uad.1ho NPDBS pnlJIIID. ALL NECESSARY INfORMATION MUST 8E PROVIDED ON 11IIS fORM.

I. PamillnfOllllllloa /f)-11!:. NPDES Storm Wiler Genaal Date Stonn Wat .. Disclwa' Terminated: ;.:too 9 Permit Rc;istntion Number: WVS I 021 53 I

II. FacUlty Operator InfOlllllltiOD

Name: f..lmJd. &Jt.i:r (cUCLlLA1td) Phone: ::0+-:)/Li!r'2,4/I5'/ C.1)a~hU; ~ AdlWlJ: loct~ Lret-~. /v14¥""h'" ~

City: Mta:Cht'.l2h.c~ Swe: WV ZIPCocIe: ""2'103

III. Fac/iityiSite Location InfOnnaUon

Name: &!(q: Pro pufiC'6 (NomHof P-'fc Io~q Ik-r, .fa~~ If; II~ Lt...{!. ')

Address: Pa¥lle:2 Ford 'Rd, City: Mor+rr1?£::u.r~ ZIPCodc: b! V CO\lllly: 'BaWt;¥ Latitude: LOD itude:

IV. CcrtiftcadoD: I ccnl~ wder penalty or law dial all IIOnn Wlter dilClwaes usoc:wed willi collllnlCtloa ICIMty ~ the idcntlftod radllty dial ... authorized by a NPDES acnml pcnnll"ve beeII eliminated or \hallam no lonaer ... operator or ... ra.nley or CODSllllClIon IfIe. I UIKImtaDd .... 1 by IUbmla&la litis Notloc ofTerminal ..... lam no Jonler.uthorIzed to dlJc ..... e sIOrm Wiler IIISOCIated with COIIJtIUctIon acdvlly IIIIdcr this.-J pcnnl~ alld 11111 dilc ......... pollUllllIS in stonn WIler usocIalOll with conlllUctiolllCllvity 10 walen orthe UDited Stiles IllIIIIawl\al udcr .... Clean Walcr Act where the dilclwp II DOl aUlborbcd by. NPDBS permiL I allO IIJIdCllllJld lIIallhc lubtnillal orlltis Noclco ofTClJllillation don DOt release an opel'llor 110m liabilily lOr 1/1)' vlolaliolls orlltis permil or the ClC&II Water ACl

... - ~ :!iL ...... pl/4jriL~ "hq /lD Si8lllture: ~ •• ~ . _~_9,:~:~~,~r·Q.tn'J(.

IIIIItIIc\lons ror Complellnl Notlco orTCIIIIIDIIIoa (N01) Form

Who Mil)' Flio. Notice ofTamlnatloo (N01) Form I Pmnittccs wfto arc prcscnlly "" .. red uadcr. Nitlonal PollulaDl Disch.,.e Elimination System (NPDES) Omcnl Pennil ror Storm Water Di1cJwaes AIIocIated willi COftIIIUClion AClivily.." .abtnh. Notice ofTerminatioo (NOT) rorm whea their racllhles DO lonler hive any storm Wiler dilc ..... CllSIOClated wi1h COl\SInIclion lCIivily.

For COJIItructioa .clivitles, elimination of all IIOrm water dilc ...... IIIIOC .. 1cd with conslnlClion activity ocrun wbcD dlmabed SOnlll tile COIIIIIIIctIoa Ille bave been filially IIIbilized and tcmporuy erosion and ledimCIII con\lOl mcuURI bave beeII nmoved or will .. removed 1IIIIIIJPIOpfiaIa lillie, or II1II all lIarm Wiler dilclwaes ....... Ied willi_ion ICllvity livm the collSlluclion lite thaI arc authorized by. NPDES .-raJ permit have odtawisc "- eliminated. Final IIIbnizlllion IIICUIS dlal .. llOi .... lshlrbin'lCIIvitiClII the lite have beeII completed. and .... 1. unlfbnn pcrcanial vqctalhe cover willi a dCIIIlty of"" of the cover ror IIIIJ'Ivcd areas.nd areas 1101 covered by pelllllllClll structures bu .... n .... blisbcd, or equivalenl ptmIIIICDtlllblllration _mol (web u the UIC or riprap, aabioas, or JCO\clCIDes) bave boca employed.

Seed litis rorm 10 the Chuleston address below:

WVDEP·DWWM Pmnitlioa and EnaJnccrinl BIIIIdI 601 57th S_ Sf Charlesto,," WV 25304 ·2345

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00001.4