HomeMy WebLinkAboutWT002909_NOV_20200707 IJ�q,/�
ROY COOPER.
Governor
MICHAEL S.REGAN ;
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
July 7, 2020
CERTIFIED MAIL 7017 2620 0000 6788 9281
RETURN RECEIPT REQUESTED
Live Well Homes,LLC
Attention: Chris Robusto
18721ndia Hook Road
Rock Hill, South Carolina 29732
Subject: NOTICE OF VIOLATION(NOV-2020-PC-0307)
Site Number:WT002909
Live Well Homes,LLC
Union County
Dear Mr. Robusto:
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative
Code (NCAC) 02H .1001 for failure to apply for and secure a Stormwater Management.Permit.
On June 2, 2020, Lily Kay from the Division of Energy,Mineral and Land Resources (DEMRL)
in the Mooresville Regional Office!inspected the site and observed land disturbance and
impervious surfaces installed on the subject development site known as Graham Hall
Subdivision located at Graham Hall Court,Union County,North Carolina. On an investigation
for a complaints a post construction stormwater device was observed. The site currently
discharges stonnwater to receiving waters designated as Six Mile Creek, a Class C waterbody in
the Catawba River Basin.
A review of DEMLR files confirmed that a State Stormwater Management Permit has not been
issued prior to construction of impervious surfaces at the subject site as described above. As a
result of the site inspection and file review,the following violation is noted:
L Failure to Obtain a State Stormwater Management Permit
Title 15A NCAC 02H .1001 requires a State Stormwater Management Permit for development
activities subject to any of the post-construction stormwater management programs listed in Item
(2) of this Rule.
Required Response
This office requests that you respond to this letter in writing within 30 calendar days of receipt
of this Notice. Your response should be sent to this office at the letterhead address. Your
response should clearly explain why the appropriate Stormwater Permit was not secured.
North CarolIna Department of Environmental Quality i Division of Energy,Mineral and Land Resources
Mooresville'Regional Office 1 610 East Center Avenue,Suite 301 1 Mooresville,North Carolina 28115
NQRL4UAROUNA D_EQ
oepertmatm BRI. na�Uu�N(r� /�' 704.663.1699 .:
Live Well Homes, LLC
Notice of Violation
July 7, 2020
Page 2 of 2
Additionally, within 30 calendar days of receipt of this Notice, you must submit a complete
permit application with a completed supplement form, a signed O&M agreement, sealed
calculations, and two sets of detailed plans along with the processing fee currently set at$505.
The application, and accompanying forms, can be found on our website. Please note that a
Designer's Certification is also required upon project completion.
The completed application should be sent to:
Division of Energy, Mineral and Land Resources
Stormwater Program
512 North Salisbury Street
1612 Mail Service Center
Raleigh,NC 27699-1612
Thank you for your immediate attention to this matter. This office is considering sending a
Recommendation for Enforcement to the Director of the Division of Energy, Mineral &Land
Resources regarding this issue. The degree and extent of harm to the environment, and the
duration and gravity of the violations will be considered in any civil penalty assessment
process that may occur. Your above-mentioned response will also be considered in any such
process..Pursuant to G.S. 143-215.6A, these violations and any future violations are subject
to a civil penalty assessment of up to a maximum of$25,000 per day for each violation.
This office requires that the violation, as detailed above,be properly resolved. Should you have
any questions regarding this matter,please contact James Moore at(704)663-1699 or me.
Sincerely,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Division of Energy,Mineral and Land Resources
Encloser: Inspection Report
cc: Alaina Morman, Environmental Specialist, DEMLR
Stormwater Laserfiche
Site Inspection Report
Site Number: WT002909
Site Name: Graham Hall Subdivision
Site Address: 108 Graham Hall Ct
County: Union Region: Mooresville
Directions:
Latitude: Longitude:
Site Owner Name: Live Well Homes LLC
Inspection Date: 06/02/20
Reason for Inspection: Routine
Inspection Type: Site Inspection(non-DOT)
Inspection Contact Person: Phone:
On-Site Representative(s)
Primary Inspector: Lily C Kay Phone: 704-663-1699
Secondary Inspector(s):
Facility Compliance Status: ❑ Compliant 0 Not Compliant
Program Areas: State SW
Question Areas:
Failure to Secure State SW Permit
Inspection Summary:
Site file created for an unpermitted state stormwater device.
page: 1
Site Number: WT002909 Owner:Live Well Homes LLC
Inspection Date: 06/02/20 Inspection Type:Site Inspection(non-DOT) Reason for Visit:Routine
Failure to Secure State SW Permit Yes No NA
Does the site have an authorized State Stormwater Management Permit? ❑ 0 ❑ ❑
Comment: The site does not have coverage under an NPDES State Stormwater Permit
page: 2
COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3. WB. eive�d
• Print your name and address on the reverse 47 ❑Agent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, by Vtea C. D to of Delivery
or on the front if space permits. j
Live Well Hol-neS LLC D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
j Attention: Chris Robusto
1872 India Hook Road
Rock Hill, South Carolina 29732
71 ` .-YAJ
II�'III'I I'II III I II III II IIIII I II I I I I'I IIIII III 3. Service Type ❑Priority Mail s0
❑Adult Signature ❑Registered MaIITM
aiITM
❑Adult Signature Restricted Delivery ❑Registered Mail Restricted
F'Certified Mail@ Delivery
9590 9402 5028 9063 0075 98 El Certified Mail Restricted Delivery 0 Return Receipt for
❑Collect on Delivery Merchandise
2. Article Number(Ilransfer from service label) ❑Collect on Delivery Restricted Delivery III Signature ConfirmationTM
. 7 017 2620 0000 6 n9 2 8 1+ ted Delivery Restricted Deliveture ry Confirmation
78� I
PS Forl - -9053 Domestic Return Receipt
Postal
CERTIFIED o RECEIPT
go Domestic Mail Only
ru
0-
• .
$ettifiedMailFee /r D /,Pa`
EXtra SerViCes&Fees(check box,add fee as appropriate)
C3 ❑Return Receipt(hardcopy) $
El Return Receipt(electronic) $ Postmark O
0 ❑Certified Mail Restricted Delivery $ Here
C3 []Adult Signature Required $
❑Adult Signature Restricted Delivery$ V'
Q Postage 0
ru
-rnu T, Live Well Homes, LLC
$ Attention: Chris Robusto
r s 1872 India I-look Road
�
s Rock Hill, South Carolina 29732
/_ q--Vm -----------
PS Form
:11April 20151 1 ,r,•,.
First-Class Mail
Postage&Fees Paid
USPS
III Perms No.G-10
9590 9402 5028 9063 0075 98
r I
United States ®Sender: Please print your NT&LR M name, address,and ZIP+4-in this box° I
Postal Service
I
DERc�
REc I r�- 1
610 East Center Avenue,Suite 301
� I
f; N OW
esville,North Carolina 28.115 9'
DEN -L,EMLR
Land Qt ality Section
Mooresville Regional-Office--
!!?i iiti ifErIEr'r`?E fE�i
Certified Mail service provides the following benefits:
■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail
■A unique fdentifferfor your mailpiece. associate for assistance.To receive a duplicate
■Electronic verification of delivery or attempted return receipt for no additional fee,present this i
delivery. USPS(D-postmarked Certified Mail receipt to the
■A record of delivery Qncluding the recipient's retail associate.
signature)that is retained by the Postal Service- -Restricted delivery service,which provides
for a specified period, delivery to the addressee speclfied by name,or
f�wurnatlonal
rtantReminders. to the addressee's authorized agent.
may purchase Certified Mail service with -Adult signature service,which requires the
t-Class Mail®,First-Class Package Service® signee to be at least 21 years of age(not
riority Mail®service, available at retail).
ified Mail service is notavailable for -Adult signature restricted delivery service,which
mail. requires the signee to be at least 21 years of age
i. surance coverage is notavailable for purchase and Provides delivery to the addressee specified
by name,or to the addressee's authorized agent
ith Certified Mail service.However,the purchase (not available at retail).
Certified Mail service does not change the ■To ensure that your Certified Mail receipt is
rtal nce coverage automatically included with accepted as legal proof of mailing,it should bear a
rain Priority l fee,
items, USPS postmark.If you would like a postmark on
ran additional fee,and with a proper this Certified Mail receipt,please present your
ndorsement on the mailpiece,you may request Certified Mail item at a Post Office"'for
e following services: postmarking.If you don't need a postmark on this
Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion
of delivery(including the recipient's signature). of this label,affix i t,the mailpiece,apply
You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.
electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Retum
Receipt,•attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your ronords.
PS Form 3800,April 2015(Reverse)PSN 7530-02.000.9047