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Home My WebLink About20200330 Ver 1_Notice of Violation (NOV)_20200921 September 21, 2020 CERTIFIED MAIL 7017 1450 0001 6450 4250 RETURN RECEIPT REQUESTED Windsor Investment LLC Attn: David Michaels PO Box 9147 Greensboro NC 27426 Subject : NOTICE OF VIOLATION NOV-2020-SS-0021 Willard Place Subdivision Guilford County Dear Mr. Michaels: On September 11, 2020, Sue Homewood and Alex Lowe with the Winston Salem Regional Office of the Division of Water Resources (Division) inspected the above noted property in response to a request for technical assistance from the City of High Point Erosion Control staff. During the inspection staff discovered a failing erosion control measure which was contributing a significant discharge of turbid water to two unnamed tributaries downstream of the property. The impacted stream features are unnamed tributaries to the West Fork Deep River, which are class WS-IV waters within the Cape Fear River Basin. North Carolina fresh surface water quality standards for Class WS-IV waters are listed in Title 15A North Carolina Administrative Code 02B .0216 and by reference 02B .0211. Accordingly, the above observations and impacts are violations of the following: 1. Title 15A North Carolina Administrative Code 02B .0211 (12) requires that “Oils; deleterious substances; colored or other wastes” (including sediment): “only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses;” DocuSign Envelope ID: B81323FB-8855-4717-8FB2-2EEBC57BE0E7 Page 2 of 2 Required Response The Division requires that you respond in writing to this notice within 30 days of its receipt. You are highly encouraged to secure a consultant who is knowledgeable in stream restoration to assist you with development of a stream restoration plan. Your response should include the following: 1. Please provide an explanation of what measures were taken on site to contain the discharge after discovery. 2. Please provide information regarding what measures will be taken to ensure similar situations do not occur in the future. Thank you for your attention to this matter. Environmental damage and/or failure to secure proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental 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, Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – WSRO cc: Sila Vlachou, City of High Point (via email) WSRO File Copy Shelton Sullivan – DWR 401 & Buffer Permitting Branch DocuSign Envelope ID: B81323FB-8855-4717-8FB2-2EEBC57BE0E7