SW4131204_NOV_20190221

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
February 21, 2019
CERTIFIED MAIL: 7013 1710 0002 1922 0343
RETURN RECEIPT REQUESTED
Red/Fds, LLC
Attn: Ross Hobson
PO Box 35193
Charlotte, NC 28235
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0114)
Permit Number: SW4131204
Welcome Family Dollar — Old Highway 52
Davidson County
Dear Mr. Smith:
On January 29, 2019, Brandon Wise inspector with the North Carolina Department of
Environmental Quality (NCDEQ) — Division of Energy, Minerals, and Land Resources, visited
the subject site located at 6223 Old US Highway 52 in Welcome, Davidson County, North
Carolina. The site visit and file review revealed that the permitted stormwater control measure, a
retention basin, had been sold as part of a separate property. The basin had also been poorly
maintained and had large amount of growth that is not permitted. The site is located in an
urbanizing area subject to Phase II Post -Construction stormwater. The site currently discharges
stormwater to Reedy Creek a class "C" river the Yadkin-PeeDee River basin.
State stormwater permit SW4131204 states that measures must be maintained on the site
as approved on April 10, 2014. The selling of the measure to a separate entity is violating the
terms of the agreed upon permit. Terms must be put in place for the current stormwater measure
to be re -acquired by Red/Fds, LLC, access to use the basin on the neighboring property be
agreed upon with the new owner, or a new plan be applied for and a new control measure be
installed on the property owned by Red/Fds, LLC. The permit also requires that regular
maintenance be done on the basin to prevent overgrowth of trees and brush, based on the field
observations this has not occurred and should be done immediately after acquiring access to the
property with the current owner. The situation needs to have some a plan for remediation set in
place within 30 Days of receipt of this letter.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be properly resolved. These violations and any future violations are subject
to a civil penalty assessment of up to $25,000 per day for each violation. Your efforts to
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North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road. Suite 3001 Winston-Salem, North Carolina 27103
336.776.9800

undertake activities to bring the subject site into compliance are not an admission, rather they are
actions that must be taken in order to begin to resolve ongoing permit violations. The timeliness
with which you submit a plan to remediate the situation, will be considered in any civil penalty
assessment process that may occur. NCDEQ does request that once a plan has been put in place
to fix the listed permit violations, that contact is made with either the Winston-Salem Regional
Office or the Stormwater Department in Central Office. Should you have any questions
regarding these matters, please contact Brandon
9654).
Brandon Wise
Stormwater Specialist
Land Quality Section
Winston-Salem Regional Office
Wise (336-776-9660) or Matt Gantt (336-776-
cc: NCDEQ — DEMLR (WSRO)
Alaina Morman — Environmental Specialist (CO)
Sincerely,
Matt Gantt
Regional Engineer
Land Quality Section
Winston-Salem Regional Office
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North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27103
336.776.9800