20061323 Ver 1_Notice of Violation_20060705

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joseph Garmon
Hwy. 16 Garmon, LLC
P.O. Box 669003
Charlotte, NC 28266
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 27, 2006
Subject: Notice of Violation and
Notice of Recommendation For Enforcement
Incident #: 200602007 & NOV-2006-OP-0030
NCAC 02H .0500 and NCAC 02B .0211 (2) and
General Permit NCGO10000
Lucia Riverbend Highway, PIN 4509-46-5316
Gaston County, NC
Dear Mr. Garmon:
In response to a referral from the Gaston County Natural Resources Department, Mr. Alan Johnson of this office
conducted an investigation at the subject site on May 4, 2006. During the investigation it was observed that
approximately 2501inear feet (lf) of stream and been piped and filled. Specifically, it appears that a stormwater drainage
collection system was placed in what was the stream channel. In addition, at the outlet of the drainage collection system
an inline sediment basin had been constructed. The stream impact and inline sediment basin observed at the site are not
allowed without approval from the Division of Water Quality (DWQ). This office also understands that you failed to
obtain a Sediment and Erosion Control Plan (SECP) allowing for the clearing at the site.
This letter is being issued as a Notice of Violation and Notice of Recommendation For Enforcement for failure to
obtain a 401 Water Quality Certification pursuant to 15A North Carolina Administrative Code (NCAC) 02H .0500 and for
the removal of best usage of the waters (NCAC 02B .0211 (2)) of the state for the unapproved impacts.
Based on this office's inspection of the site, the following violations were found:
NCAC 02H .0500 - 401 Water Quality Certification
Staff observed in excess of 250 if of stream that had been impacted at the site. Impacts of greater than or equal to
150 linear feet of stream require approval from the DWQ. A review of this office's files failed to show any
approvals issued for the subject impacts.
NCAC 2B .0211 (2): Preclusion of Best Usage
The culverting of the stream and placement of the sediment basin in the stream resulted in the loss of use of the
channel for aquatic life. Specifically, 15A NCAC 2B .0211 (2) states that the preclusion of best usage, which
includes "...aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture ..." represents a water quality standard violation.
Nom Carolina
~tura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Be advised that once you receive approval of your Sediment and Erosion Control Plan from Gaston
County, you will be issued (along with the approval letter) the State General Stormwater Permit (NCGO10000).
The permit requires the installation of a rain gauge, regular inspections of stormwater discharges and erosion
control devices, and record keeping. It is requested that records from the date the SECP was issued to the present
be submitted to this office within 24 hours of receipt of this notice.
This office requires that the violations be abated immediately. If you have an explanation for the noted
violations that you wish to present, please respond in writing within fifteen (15) days following the date of receipt of
this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his consideration. 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.
In addition to your response and prior to any further work in the stream, aPre-Construction Notification (PCN)
form and/or a stream restoration plan, and a timeline for completion of the work must be submitted to DWQ. We
understand that you have been in contact with a professional who is experienced in these matters. Thank you for your
prompt attention to this matter. If you have any questions, please do not hesitate to contact Mr. Johnson or me at (704)
663-1699.
Sincerely,
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D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: US Army Corps of Engineers
Danny Smith - ComplianceBnforcement
Wetlands Unit -Ian McMillan
Danay Lawson -Gaston Natural Resource
Central File

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