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Tracking Number: 70172620000067879725 D
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NC 28104.
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May 3, 2021 at 2:44 pm
MATTHEWS, NC 28104
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DocuSign Envelope ID: C4229C37-9DEC-4EE1-BB3D-BD12E77Dl l6D
ROY COOPER
Governor
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DIONNE DELLI-GATTI
Secretary+,
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BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
April 30, 2021
CERTIFIED MAIL 7017 2620 0000 6787 9725
RETURN RECEIPT REQUESTED
Mark Boyce
2133 Garden View Lane
Matthews, North Carolina 28104
Subject: NOTICE OF VIOLATION: NOV-2021-PC-0253
Facility: Pine Street Town Homes
E & SC Project ID: MVILLE-2020-100
Site Number: WT002104
County: Iredell
Dear Mr. Boyce:
On April 8, 2021, Jesse McDonnell from the Mooresville Regional Office of the Division of Energy, Mineral,
and Land Resources (DEMLR), visited the subject site located 1111 Pine Street Mooresville, North Carolina
28115. The inspection and file review revealed that Pine Street Townhomes, has not obtained coverage under,
NPDES Construction General Permit No. NCGO 1 for stormwater discharges from the site. The site currently
discharges stormwater affected by processes on site to an unnamed tributary of the Rocky River.
A National Pollutant Discharge Elimination System (NPDES) permit is required to discharge stormwater from
construction and development activities that result in a land disturbance greater than or equal to one acre, or that
are part of a common plan of development of that size or greater, that are also subject to the North Carolina
Sedimentation Pollution Control Act of 1973 to water of the state. [G.S. 143-215.1(a) and 15A NCAC 2H
.0126]
A Certificate of Coverage (COC) under the NCGO1 permit must be obtained within 15 calendar days of receipt
of this notice. The Notice of Intent (NOI) form and additional guidance are available online at
deq.nc.gov/NCGOI.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
t�,i„cv�xr�
704-663-1699
DocuSign Envelope ID: C4229C37-9DEC-4EE1 -BB3D-BD1 2E77D1 16D
Notice of Violation
Pine Street Townhomes
April 30, 2021
Page 2 of 2
Thank you for your attention to this matter. This violation and any future violations are subject to a civil penalty
assessment of up to $25,000 per day for each violation. Should you have any questions regarding this matter,
please contact Jesse McDonnell or me at (704) 663-1699.
Sincerely,
Docu Signeddb'y,
42CFABFC5B8C459...
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Enclosure:
April 8, 2021 inspection report
ec: Julie Coco, PE, State Sediment Engineer, julie.coco@ncdenr.gov
Alaina Morman, Environmental Specialist alaina.morman@ncdenr.gov
Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone: (704)-663-1699
County: Iredell Project #: MVLLE-2020-100 Project: Pine Street Townhomes
Person Financially Responsible: Mark Boyce River basin: Catawba
Address: 2133 Garden View Lane, Matthews, NC 28104
1. Project location: Pine Street, Mooresville First Inspection: ❑ Yes ® No
2. Weather & soil conditions: Sunny, Workable Soils Pictures: ® Yes ❑ No Video:❑ Digital:®
3. Is site currently under notice of violation? [—]Yes ® No
4. Is the site in compliance with S.P.C.A. and rules? ❑ Yes ® No If no, check violations below:
5. S.P.C.A. Violations:
❑ a. No approved plan, G.S. 113A'-51 (4) and 15A NCAC 4B.0107(c)
® b. Failure to follow approved plan, G.S. 113A-57(5)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and 15A NCAC 413.0118(a)
❑ d. Failure to provide adequate groundcover, G.S. I I3A-57(3); 15A NCAC 413.0107(b) or 15A NCAC 413.0124(e)
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
❑ f. Failure to take all reasonable measures, 15A NCAC 413.0105
❑ g. Inadequate buffer zone, G.S. 113A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2) or 15A NCAC 4B.0124(d)
❑ i. Unprotected exposed slopes, G.S. I I3A-57(2)
® j. Failure to maintain measures, 15A NCAC 413.011
❑ k. Failure to self -inspect G.S. 113A-54.1(e) and 15A NCAC 413.0131
❑ 1. Other:
6. Is the site in compliance with NPDES Permit NCG 010000? ❑Yes ® No ❑ Not Applicable
If no, check violations below:
®
in. Discharge without a permit, G.S. 143-215.1(a) and 15A N.C.A.C. 02H .0126
❑
n.
Failure to develop or adhere to approved plan, NCG 010000, Part I
❑
o.
Failure to manage construction site pollutants, NCG 010000 Part II, F
❑
p.
Failure to provide ground stabilization, NCG 010000 Part II, E
❑
q.
Failure to meet self -inspection, reporting and record -keeping requirements, NCG 010000, Part III
❑
r.
Failure to install and maintain BMP's, NCG 010000 Part Il, G.2-3
❑
s.
Failure to dewater sediment basin from surface, NCG 010000, Part 11, B.8 or G.4
❑
t.
Bypass of stormwater control facilities, NCG 010000, Part II, G.5-6
❑
u.Other:
7. Has sedimentation damage occurred: ❑ Since last inspection ❑ at 1st inspection? ❑Yes ® No
If yes, where? (check all that apply):
❑ Lake/natural watercourse on the tract, ❑ Lake/natural watercourse off the tract, ❑ Other property
Description: Potential for offsite sediment deposition exists.
Stormwater Discharge Outfall with sediment loss:
Degree of damage: ❑ Slight ❑ Moderate ❑ Severe
8. Contact made with:Site Foreman Title:
Date Inspection report sent to financially responsible party:4/19/2021
Report by:Jesse McDonnell Others present:J. Williams, M. Todd, Iredell County, J. Coco, G. Parish, Z.
Khan, NCDEQ
Date of inspection:4/8/2021 Time arriving on site:5:30 PM Time leaving site:6:00 PM
cc:
Rey i�,ion C)atc 0909 '013 Page 1 of 2
Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone: (704)-663-1699
9. Corrective actions needed:
1. Remove accumulated stone that had deposited beyond the limits of disturbance (LOD) near the eastern basin.
2. Move the stockpile adjacent to the northern perimeter silt fence. Reduce the grade of the stock pile so that
flows do not overwhelm silt fence.
3. Repair and maintain all silt fence, diversion channles, and rock outlets along the perimeter per the approved
plans.
4. Install and maintain all inlet protection per the approved plans. Install all skimmer basins per the approved
plans.
5. Aquire coverage under the NCGO10000 construction stormwater permit.
10. Comments:
Site is active. Crews are installing the eastern basin and storm drainage system. The outlet of this basin
discharges directly into the silt fence. Silt fence, rock outlets, construction entrance and the western basin have
been installed.
On the northern side of the site, two rock outlets are being undermined and rock is being deposited beyond the
limits of disturbance (LOD), but remain on track. Also, there is a large stock pile with perimeter silt fence
directly below. The slope is too steep for only silt fence to be placed below.
The western basin is —1/2 full of sediment. The outlet of this basin discharges directly into the silt fence. The
emergency spollway has a row of silt fence on the outside of the spillway. This silt fence can empeed flows
during an emergency storm event.
Inlet protection throughout the site is damaged or missing. Sediment was observed within the storm sewer
system that has been installed.
Site does not have NCGO10000 coverage.
Page 2 of 2
Revision Date tM9201