20081374 Ver 1_Notice of Violation_20081013

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 13, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6383
Mr. Christian Hack
Crescent Resources, LLC
400 South Tryon St. Ste. 1300
Charlotte, NC 28285
Subject: Notice of Violation
NOV-2008-PC-0719
State General Storm Water Permit (NCGO10000)
DWQ #08-1374
Belgate Commercial Project
Mecklenburg County, NC
Dear Mr. Hack:
On October 9, 2008, this office conducted an inspection at the Belgate Commercial
Project regarding the State General Storm Water Permit (NCGO10000). This letter is being
issued as a Notice of Violation for the sediment observed in the stream channel due to
failure/lapses in the Sediment and Erosion Control Plan (SECP). The storm water permit is
issued along with the approved SECP.
During the site inspection the following was observed:
A) Sediment had entered the stream/wetland at the upstream end of the wetland near
City Boulevard. Identified in inset "B" of the preconstruction notification form
for the 401 Water Quality Certification.
B) Sediment entered the stream at the proposed stream crossing for Brookside Drive.
Runoff from the current road cut enters a small gully that subsequently discharges
into the stream.
C) Another silt fence failure was observed near the general location of Shopping
Center Drive.
Sediment accumulations were observed from point "A" through point "B". The entire
stream should be inspected through out the site and depositions greater than 2" in depth
shall be removed to an area away from the channel. Accumulations adjacent too and that
Mailing Address Phone [phone] Location No One
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Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwaterqualityorg Customer Service 1-877-623-6748
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have potential of entering the stream should also be removed to prevent future deposition.
It is strongly recommended that someone with expertise in these matters be retained to
address the aforementioned issues. A report shall be submitted noting the location and
depositional amounts.
It is requested that a written response be submitted to this Office within 15 days of
receipt of this Notice indicating the actions taken to correct the noted violations and date or
completion of clean up. Please note that these violations and any future violations are
subject to civil penalty assessments of up to $25,000.00 per day for each violation.
Thank you for your prompt attention to this matter. If you have any questions, please do
not hesitate to contact Mr. Alan Johnson or me at [phone].
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
cc: US Army Corps of Engineers
Ian McMillan, Wetlands Unit
John Hennessy, Compliance/Enforcement
Gina Hodges, Mecklenburg County Land Development
Central File
Kim"+W
and Associates, Inc
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