HomeMy WebLinkAboutWT002909_Signed Green Card_20200713a
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Live Well Homes, LLC
Attention: Chris Robusto
1872 India Hook Road
Rock Hill, South- Carolina 29732
NORTH CAROLINA
Environmental Quality
July 7,; 2020
7017 2620 0000 6788 9281
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 complaint, a post construction stormwater device was observed. The site currently
discharges stormwater 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 he subject site as described above. As a
result of the site inspection and file review, the following violation is noted:
1. Failure to Obtain a State Stormwater Manazement Permit
Title 15A NCAC 02H .1001 requires a State Stormwater Management Permit for development
activities subject to any of the post -construction stormwatermanagement 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 1 Division of Energy, Mineral and Land Resources
D:F��
E Mooresville Regional Office 1 610 East Center Avenue; Suite 3011 Mooresville, North Carolina 28115
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aenerinrenlm cm�mnmeme�auUmi� ! _ 704.663.16.99 - ..
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,
3_e_p� 5 , //,--
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
Directions:
Latitude:
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:
On -Site Representative(s)
Primary Inspector: Lily C Kay
Secondary Inspector(s):
Facility Compliance Status:
Program Areas: State SW
Question Areas:
Failure to Secure State SW Permit
Region: Mooresville
Longitude:
❑ Compliant 0 Not Compliant
Inspection Summary:
Site file created for an unpermitted state stormwater device.
Phone:
Phone: 704-663-1699
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? ❑ N ❑ ❑
Comment: The site does not have coverage under an NPDES State Stormwater Permit
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