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HomeMy WebLinkAbout20160838 Ver 1_More Info Requested_20170329V Water Resources Environmental Quality March 27, 2017 CERTIFIED MAIL #7015 0640 0005 81641817 RETURN RECEIPT REQUESTED Mr. John Miller Tri-State Components PO Box 1795 Sparta NC 28675 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: CONTINUING NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2016-OP-0002 Tri-State Components Property Expansion Alleghany County Dear Mr. Miller: Please see the attached NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT (NOV) which was issued from the Division of Water Resources (DWR) on July25, 2016. The above noted project resulted in impacts to a perennial stream which has resulted in violations of Title 15A NCAC 02H .0500 and Title 15A NCAC 02B .0211 as detailed in the attached NOV. In response to the NOV a request for a 401 Water Quality Certification was submitted on August 26, 2016 by BREC Inc. on your behalf. A Request for Additional Information sent to you dated October 3, 2016 (enclosed) and to date the items requested in the letter have not been submitted as requested. Upon your receipt of this notice you are hereby notified of the ongoing water quality violations on the property. Accordingly, you are directed to respond to this letter in writing within 10 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address and include the information requested in the Request for Additional Information sent to you dated October 3, 2016 (enclosed) and as detailed in as discussed in a meeting on Monday February 13, 2017 as summarized in an email communication of the same date. State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 Tri State Components Page 2 This Office is sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these 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 336-776-9693 or me at 336-776-9696. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO cc: Derek Goddard, BREC (via email) WSRO File Copy William Elliott, USACE Asheville Regulatory Field Office (via email) Karen Higgins -401 & Buffer Permitting Unit