20081111 Ver 1_Notice of Violation_20100331

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OF \ NA rF,9 Michael F. Easley, Governor - - ' D g
Q William G. Ross Jr., Secretary AAA?.e-o1
North Carolina Department of Environment and Natural Resources
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p Coleen H. Sullins, Director
Division of Water Quality
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March 31, 2010
CERTIFIED MAIL #70081140 0003 8505 6024
RETURN RECEIPT REOUESTED
Mr. Barry Siegal
BCS Holdings
PO Box 8306
Greensboro, NC 27419
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
DWQ# 08-1111 inspection
DWQ# SW4090401 inspection
DWQ# NCGO10000 inspection
NOV-2010-PC-0312
Forsyth County
Dear Mr. Siegal:
On March 22, 2010, Sue Homewood and Jenny Graznak of the Division of Water Quality met with Mr. Pat
Rizzo of Wescott, Small & Associates, PLLC, and Mr. Rodney Bentley and Duane Trevino from Windsor
Investments, at the Robinhood Manor Apartments. During this site visit it was determined that the first
phase of the facility opened for business in December 2009. Ms. Homewood noted that the stormwater
facilities (two biocells) that served the occupied buildings were not completely installed or currently
functioning.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
Item I. Failure to follow permit conditions:
DWQ#08-1111:
You submitted a Pre-Construction Notification (PCN) on July 15, 2008. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit(s) 39, and the corresponding
General Water Quality Certifications. The Division issued an approval letter for the impacts on
November 17, 2009.
The approval letter specifies that the activities must follow the conditions listed in the General
Water Quality Certifications, as well as additional conditions listed in the letter. The Approval
Letter DWQ#08-1111, Condition 4 states the following: "Before any permanent building is
occupied at the subject site, facilities shall be constructed and operational, and the stormwater
management plan shall be implemented ..... No changes to the structural stormwater practices shall
be made without written authorization from the Division of Water Quality"
DWQ#SW4090401:
The Division issued an approval letter for the Stormwater Management Facility on April 14, 2009
and a Modification was approved on October 12, 2009.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] \ FAX: [phone] Customer Service: 1-877-623-6748 NorthCarollna
'
Internet: www.ncwaterquality.org ;Va ura l7J/
An Equal Opportunity 1 Affirmative Action Employer ` L "
Page 2 of 2
Mr. Barry Siegal
Forsyth County
The approval letter specifies that the activities must follow the conditions listed in the permit. The
Approval Letter, Condition 11 6 states the following: "Upon completion of construction, prior to
issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a
certification must be received from an appropriate designer for the system installed certifying that
the facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation."
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your
response should be sent to both this office at the letterhead address and to the attention of Mr. John
Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617
Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items:
1. Please provide a detailed summary of the events that led to this violation.
2. Please provide a summary and schedule of how and when you intend to resolve this violation.
The Division also conducted a Construction Stormwater Inspection (DWQ Permit NCGO10000). The
Stormwater permit requires you to inspect erosion control measures and stormwater outfalls at least once
every seven days and within 24 hours after any storm event of greater than '/s inch of rain in a 24-hour
period. Mr. Trevino maintains monitoring records for the site. However, he failed to inspect the
stormwater outfalls and erosion control measures at the frequency required in the permit. Inspections were
only performed during weeks with storm events. Please note that according to the permit you must inspect
all stormwater outfalls and erosion control measures at least once every 7 days regardless of rainfall. A
rain gauge was observed beside the work trailer on site to track rainfall amounts.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Sue Homewood at 336-771-4964 or myself at 336-771-5000.
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
Winston Salem Regional Office
cc: Michael Westcott, Westcott, Small & Assoc. (via email)
Rodney Bentley, Windsor Investments (via email)
NPS Assistance and Compliance Oversight Unit
DWQ-401 Unit - File Copy DWQ#08-1111
DWQ-W SRO