NCS000484_COMPLIANCE_20150127

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
CS o 0'v C.y
l
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
❑ LICATION
❑COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD

January 27, 2015
Don Moore
Heartland Contracting I.I.,C
1064 Van Buren Ave. Suite 8
Indian Trail, NC 28079
DIVISION OF LAND RESOURCES
i.AND QUALITY SECTION
JAN 2 9 2015
utrni It .......... _...., ".0ivMENT
AND NATURAL RESOURCES
Rl---: Notice ol' Violation 1009 East Innes Strcct, Salisbury, North Carolina
Dear Mr. Moore
Enclosed is a Notice of Violation (NOV) issued by the City o1�Salisbury for alleged violations of'
codes related to stormwater management at 1009 East Innes Street located in Salisbury, NC. By
sending this NOV, the City is notifying the Regulated Party of alleged violations that City staff
discovered during and inspection on January 22, 2015, This NOV also provides the Regulated
Party an opportunity to respond to the alleged violations.
Please be advised that the provisions of the City of Salisbury Code of Ordinances allow any
person receiving a notice of violation to appeal the determination of the City. 'fhe notice of'
appeal must be received within fifteen (15) days from the date of this notice ofviolation. Hearing
on the appeal before the appropriate authority shall take place within fifteen (15) clays from the
date of receipt of the notice of appeal. 'Fhe decision of the municipal authority or their designee
shall be final. (Sec. 25-265)
I f you have any questions, please contact me at 704-216-7554.
Sincerely,
Christopher W. I ester I .I1.
Stormwater Project Manager
CC "bony Cinquemani, Public Services Director
Craig. Powers, P.E., Street and Stormwater Division Manager
Chris Branham, Code Eriforcement Manager
Preston Mitchell, Planning and Development Services Manager
Wendy Brindle, 11.E., City Engineer
Zahid Khan, NCDENIZ, 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Enclosure

The City of Salisbury
Street & Stormwatcr Services
NOTICE OF VIOLATION
In the Matter of: Heartland Contracting L11C
1064 Van Buren Ave. Suite 8
Indian Trail. NC 28079
To: Don Moore
Heartland Contracting LLC
1064 Van Buren Ave. Suite 8
Indian Trail, NC 28079
ANCZ DOF LAND QUALITY 5 CO VP
— r- —,— A. r r r+
SAN292015
O�rAQ�MATUML RESOURCES
PLEASE, BE, ADVISED, that Heartland Contracting (hereinafter Regulated Party) has violated
the following provisions of the City of Salisbury Code of Ordinances at 1009 Last Innes Street
located in Salisbury, NC.
• Sec. 25-258. - Discharge prohibitions.
(a) Prohibition of illegal discharges. No person shall discharge or cause to be discharged into
the municipal storm drain system or watercourses any materials, including but not limited
to pollutants or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than stormwater. The commencement, conduct or
continuance of any illegal discharge to the storm drain system is prohibited except as
described as follows:
(1) The following discharges are exempt from discharge prohibitions established by
this article: water line flushing, landscape irrigation, diverted stream flows, rising
ground water, uncontaminated ground water infiltration, uncontaminated pumped
ground water, discharges from potable water sources, foundation drains, air
conditioning condensate (coin merciallresidential), irrigation waters (does not
include reclaimed water as described in 1 5A NCAC 21-1 .0200). springs, water
from crawl space pumps, footing drains, lawn watering, residential and charity car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, street wash water. flows from emergency fire fighting.
(2)
Other discharges specified in writing by the city as being necessary to protect public
health and safety.
(3 )
Discharges associated with dye testing, however this activity requires a verbal
notification to the city prior to the time of the test.
(4)
The prohibition shall not apply to any non-stormwater discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the Federal Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm drain system.

On January 22, 2015, City staff observed evidence of paint being washed into Town Creek from
construction activities at 1009 East Innes Street. Staff contacted NCDENR to make them aware
Of the situation. If all corrective action is completed, no action will be taken by these agencies.
CORRECTIVE ACTION
To address the alleged violations cited in this Notice of Violation (NOV), the Regulated Party is
to complete the following actions:
Within Fifteen (I5) clays after receipt of this NOV. remove all paint and other debris from the
construction site of' 1009 East lnnes Street that may wash into creeks or the stormwater
system. Best Management Practices shall be implemented that prevent disposal of paint and
other debris illegally into the environment. Please schedule an inspection with the City of
Salisbury to ensure actions meet the intent of this requirement. You.may contact the
Stormwater Services Division at 704-638-5251 or the Code Enforcement Division at 704-
216-7559 to schedule the inspection.

NOTICE
THEREFORE, you are hereby given notice that the above alleged violations have been
recorded and documented by the City of Salisbury. This NOV and your response does not
preclude the City of Salisbury front taking further action with respect to the above alleged
violation(s). The City of Salisbury reserves the right to seek any and all remedies available
under applicable rules or permits for any violation cited in the NOV.
1)A` E,D: / — z 7 — City of Salisbury
Street & Stormwater Services
G
v
ristopher W. '!'ester,f.IH.
Address Submittals Requested Above and Questions To:
Christopher W. Tester, P.E.
Street & Stormwater Services Manager
210 W. Franklin St.
P.O. Box 479
Salisbury, NC 28145-0479
[phone]