19971097 Ver 1_COMPLETE FILE_19960903

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
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December 9, 1997
Mcdaeabarff County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Cecile `Ebert
President, Roe LTD.
P.O. Box 830
Mooresville, N.C. 28115
Dear Ms. `Ebert:
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SUBJECT: NOTICE OF VIOLATION
Lake Side Park
On November 19, 1997 Mr. Eric Fleek from the North Carolina Division of Water Quality
(NCDWQ) and Mr. Todd St. John from NCDWQ's Mooresville Regional Office conducted a compliance
evaluation inspection at the aforementioned site. This inspection was the result of prior inspections
conducted by Todd St. John, which were based on anonymous complaints.
As a result of the November 19, 1997 inspection it was determined that approximately 100 feet of
culvert has been placed in a perennial stream. Mr. St. John previously documented this impact on an earlier
inspection. However, the inspection of November 19, 1997 revealed that approximately 200' of additional
culvert has been placed in another stream just upstream of the previous culvert. By failing to apply to
NCDWQ for these stream culverts you are in violation of North Carolina Administrative Code 15 A 2H
.0500 which requires an application for these impacts. Failure to apply to NCDWQ may result in an
enforcement action being pursued against you.
Please respond to this letter within 14 days upon receipt. Your resposnse should take the form of
an application for a 401 Water Quality Certification for these impacts. Please find an application for a 401
Water Quality Certification enclosed. If you should have any questions regarding this matter or the 401
process in general please feel free to call Mr. Eric Fleek or myself at [phone].
Sincerely,
John R. Dorney
Water Quality Certification Program
Cc: Todd St. John, NCDWQ, Mooresville Regional Office
Steve Lund, USACOE, Asheville Field Office
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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