20190373 Ver 1_NOV-2020-PC-0089 Westmoreland Dr_20200217

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Certified Mail 7017 2620 0000 6789 4698
Return Receipt Requested
Mr. Michael Foess
Dependable Development, Inc.
2649 Brekonridge Centre Dr., Ste. 104
Monroe, NC 28110
Dear Mr. Foess:
NORTH CAROLINA
Environmental Quality
February 17, 2020
Subject: Notice of Violation / Notice of Intent to Enforce
NOV-2020-PC-0089
DWR Project #19-0373
Other Waste, Removal of Best Use
15A NCAC 02B .0211, 1 & 11
Westmoreland Rd., Sutter's Mill
Iredell County
On February 12, 2020, staff from this Office investigated the subject site in response to a referral
from Iredell County regarding impacts to jurisdictional waters. During the site visit it was observed that
sediment had impacted the wetlands and other waters at the site. The entirety of the feature had been
impacted from sediment deposition and other impacts associated with the construction at the site. Based
on the observations noted at the site, this correspondence is being issued as a Notice of Violation with
Intent to Enforce.
The following violation was observed:
Title 15A NCAC 213.0211, (1) & (11): Best Usage & Other Waste
Extensive impacts were observed in the wetland at the site. Three areas of erosion control
failures were observed. Deposition exceeding twelve (12) inches in depth was noted. It is estimated that
in excess of one acre of wetland had been impacted by sediment. This deposition of sediment is a
violation of water quality standards. Regulation state that "The waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture;
sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall
be considered to be violating a water quality standard". In addition, discharges of waste shall not cause a
discoloration of surface water.
Required Corrective Actions:
1) Immediate action shall be taken to protect the wetland/stream from further impacts from
sediment deposition and construction activities. During the site investigation, slopes were not
stabilized and erosion control measures were not maintained and failing. Heavy duty matting
may be more appropriate.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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2) An environmental consultant shall be retained immediately to determine to what extent
jurisdictional features have been impacted. In addition, it is strongly recommended the
person(s) be retained to provide guidance with the stream/wetland restoration. It is
anticipated that a consultant can be retained within 15 days of the receipt of this Notice.
Once this has been accomplished, a reasonable detailed timeline shall be established to
resolve the issue once it is understood which path shall be taken regarding restoration of the
stream impacts. However, immediate removal of excess deposition should begin.
3) All sediment impacting jurisdictional streams and wetlands at the site shall be removed and
returned back within the approved project boundary. Please respond in writing to this Notice
within 15 days of receipt with an outline as to what the plan of action to resolve this issue
shall be including a preliminary timeline for completion.
4) Any restorative work to the wetland/stream shall be completed upon removal of the sediment.
If you have an explanation or any information/documentation related to the noted violation that
you wish to present, please respond within fifteen (15) days of receipt of this Notice. Your response
should address the items identified in this Notice of Violation. 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 their consideration. Please note that pursuant to G.S. 143-215.6A, 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 attention to this matter. Should you have any questions regarding these
matters, contact Mr. Alan Johnson at [e-mail] or [phone].
Sincerely,
Docu Signed by:
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W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDENR
cc: Shelton Sullivan — Compliance/Enforcement
Randall Moore, Iredell County, email

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