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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