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Home My WebLink About20110582 Ver 2_Notice of Violation_201202294 Ain RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary February 29 2012 CERTIFIED MAIL 7009 2250 00041083 2763 RETURN RECEIPT REQUESTED Mr Stephen Chambers Chambers Engineering PA 129 N First St Albemarle NC 28001 Subject NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT 401 Water Quality Certification Permit Condition Violations DWQ # 2011 0582 NOV 2012 -PC -0065 JT Russell Ethanol Transfer Facility Davidson County Dear Mr Chambers On February 8 2012 Sue Homewood of the Division s Winston Salem Regional Office met with you to conduct a site visit of the property noted above At that time of the inspection it was observed that fill material had been placed in a wetland and stream beyond the limits of plans approved in 401 Water Quality Certification DWQ #20110582 The streams is an unnamed tributary of Lick Creek, Class WS IV Waters in the Yadkin Pee Dee River Basin As a result of the site inspections and file review the following violations are noted Permit Condition Violation Impacts to approximately 0 50 acres of wetlands and an undetermined length of stream have occurred as a result of earthen fill installation and construction activities A 401 Water Quality Certification authorization for coverage under General Certification #3821 was issued for this project on October 13 2011 In addition Condition #1 in General Certification #3821 states No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the footprint of the impacts depicted in the Pre Construction Notification and authorized in the written approval from the Division including incidental impacts Impacts noted during the inspection on February 8 2012 were not shown in the Preconstruction Notification and were not approved in the 401 approval North Carolina Division of Water Quality Winston Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336 7715000 1 FAX 336 771 -46301 Customer Service 1-877- 623 -6748 Internet www ncwaterqualdy org An Equal Opportunity 1 Affirmative Action Employer One NorthCarohna Naturally, JT Russell Ethanol Transfer Facility February 29 2012 Page 2 of 2 The Division has received a PCN modification request for one additional impact locations and is processing that request at this time However the proposed impact in the modification request had not occurred at the time of the site inspection and is not indicated in this Notice of Violation Requested Response This Office requests that you respond to this letter in writing within 21 days of Receipt of this Notice Your response should address the following items 1 An explanation of why 0 5 acres of wetland was filled without prior approval 2 A request for a modified PCN that includes all impacts beyond the limits of the original approval dated October 13 2011 or a restoration plan for the wetland and stream impact areas noted in this Notice of Violation Thank you for your attention to this matter This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future /continued violations that may be encountered This office requires that the violations, as detailed above, be abated immediately and properly resolved Environmental damage and/or failure to secure proper authorizations have been documented on the subject tract as stated above Your efforts to undertake activities to bring the subject site back into compliance is not an admission rather it is an action that must be taken in order to begin to solve ongoing environmental issues 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 civil penalty assessment process that may occur Should you have any questions regarding these matters please contact Sue Homewood at 336 771 -4964 or myself at 336 771 5000 Sincerely i W Corey Basinger Water Quality Regional Supervisor Winston Salem Regional Office cc John Thomas US Army Corps of Engineers — Raleigh Regulatory Field Office (via email) Eric Mularski HDR Engineering (via email) JT Russell & Sons Inc 1721 US Hwy 52 N Albemarle NC 28001 DWQ WBSCaP Unit DWQ WSRO SWP