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HomeMy WebLinkAboutSW3141103_NOV_20190212Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY February 12, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED TKC CXXII, LLC Attention: Mr. Alan Lewis 1010 Corporate Center Drive Salisbury, North Carolina 28146 Subject: NOTICE OF VIOLATION Project: Marley SW3141103 1010 Corporate Center Drive Salisbury, North Carolina Rowan County Dear Mr. Lewis: ROY COOPER Cnvernar MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Direct r 7016 1370 0000 2595 9195 RECFiVFD FEB 19 2013 DENR-LAND QUALITY STORMWATER PERMITTING Nov - OW l9 - PG - 0�.30� On February 6, 2019 NCDEQ Land Quality staff inspected the subject facility for compliance with the State Stormwater Post Construction Permit SW3141103. Based on the inspection and lack of maintenance, the site is not in compliance. Please see the attached inspection report. Required Response: Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. 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 $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any Stale of Nonh Carolina 1 Environmental Quality I Energy, Mineral anti Land Resources Mooresville Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 29115 704 663 1699 T TKC CXXII, LLC Notice of Violation February 12, 2019 Page 2 of 2 civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Angela Lee at (704) 235-2139. Sincerely, ? Ir- j(—, Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section AL/cys Attached: Inspection Report ct, Central Office Stormwater Permitting Program Compliance Inspection Report Permit: SW3141103 Effective:12/06/14 Expiration: 12/05/22 Project: Project Marley Owner: Tkc Cxxii LLC County: Rowan Adress: 1010 Corporate Center Dr Region: Mooresville City/State/Zip: Salisbury NC 28146 Contact Person: Alan Lewis Title: Phone: 704-365-6000 Directions to Project: Interstate 85 to Julian Road exit in southern Salisbury. Head east. Turn right on Summit Park Drive. Turn left onto Corporate Center Drive. Parcel is on the south side of road. Type of Project: State Stormwater - General Permit Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 02/06/2019 Entry Time: 02:OOPM Primary Inspector: Angela Y Lee Secondary Inspector(s): James D Moore Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 02:20PM Phone: 704-235-2139 Inspection Type: Compliance Evaluation page: 1 Permit: SW3141103 Owner - Project: Tkc Cxxii LLC Inspection Date: 02/06/2019 Inspection Type Compliance Evaluation Reason for visit: Routine Inspection Summary: Based on this inspection and the lack of maintenance, a NOV is recommended. File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑ Comment: Please provide a copy of the recorded deed restrictions and the Designer's certification. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? E ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ E 1111 DWQ upon request? Comment: 2 of the 3 BMPs are not functioning Please perform maintenance per the signed 0&M agreement. page: 2