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HomeMy WebLinkAboutNCGNE1567_NOV (Signed)_20230505ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL interim Dh ector- a „< SFArE 3 N,];ZTH CARCLINA Environmental Quality May 05, 2023 CERTIFIED MAIL: 7017 0190 0000 2485 6639 RETURN RECEIPT REQUESTED Newrest RDU LLC Attn. Wayne Devendorf 1000 Parliament Ct, Suite 400 Durham, NC 27703 Subject: NOTICE OF VIOLATION (NOV-2023-DV-0196) Newrest RDU, LLC Durham County, North Carolina Mr. Devendorf: On January 10, 2023, Thad Valentine from the Raleigh Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 1000 Parliament Ct, Durham in Durham County, North Carolina. The site visit revealed that Newrest RDU, LLC does not qualify for a no exposure and was therefore denied for the no exposure permit. The denial letter drafted and mailed to you on March 06, 2023, required that you obtained coverage under an NPDES General Permit for stormwater discharges from the site. The site currently discharges stormwater affected by processes on site to waters leading to receiving waters designated as Stirrup Iron Creek, a class C;NSW stream in the Neuse River Basin, An NPDES permit is required to discharge stormwater to waters of the state in accordance with G.S. 143-215.1(a) Title 15A North Carolina Administrative Code (hereby known as NCAC) 21-1.0126. Enclosed with the inspection report is a copy of a Notice of Intent (NO[) that shall be filled out and submitted to the Department of Environmental Quality within 30 calendar days of the receipt of this Notice. Submission information can be found in the NOI. D Q> North Carolina Department of Environmental Quality - Division of Energy, Mineral and Land Resources Raleigh Regional Office 1628 Mail Service Center: 3800 Barrett Drive I Raleigh. NorthCarolinaa 27601) uewm..Maamr�wuwi\ �� 1)l9.N1A200 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 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 environmental issues. The permit and related N01 documents can be found at the Division's website at: https:lldeq.nc.gov/about/divisions/energy-mineral-and-land- r ou tormw r rmwater- r r m n es -in ri 1- ro ram n r l- ind rial- perm#n 14 -read y-m ix -c ncre - ffecti e-8- I - 2 0 17- x ire - - - 2022 The timelines with which you submit an NO[, 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 Thad Valentine at (919) 791-4220. Sincerely, William H. Denton, IV PE Regional Engineer Supervisor [[ Land Quality Section 0 D North Carolina depariment of Environmental Quality I Division of Energy, Mineral and Land Resourres Raleigh Regional Office I628 Mail Service Center 13800 Barrett Drive l Raleigh, North Carolina 27609 oea..wM�ar raaw\ dw"/ 9 9,791.4200