19990409 Ver 1_Notice of Violation_20110119

A L
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
January 19, 2011
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Ross Adickman
3800 S Ocean Dr Ste 218
Hollywood, FL 33019
Division of Water Quality
Coleen H. Sullins
Director
7009 1680 0000 7515 2298
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Hawk's Landing
Project # 99-0409
NOV-201 1 -PC-0043
401 Water Quality Certification (WQC) Conditions
Buncombe County
Response deadline: February 7, 2011
Dear Mr. Adickman:
Dee Freeman
Secretary
AN 2 4 2011
MR•WATERQA M
WEnA W W Si W0TER W* CH
The Division has received information that the compensatory mitigation required as part of the
conditions included in the subject 401 Water Quality Certification has not been paid. Lack of
payment is considered a violation of the conditions of the approved 401.
VIOLATIONS
1. 401 Water Ouality Certification Condition Violation
The 401 WQC, 99-0409 was issued in accordance with Title 15A North Carolina
Administrative Code 2H.0500. By failing to submit payment to the NCEEP for
compensatory mitigation for the project impacts, you have violated additional condition 2
of the Certification.
Mitigation Type Amount Required
Stream 300 Linear Feet
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarohna
Phone: .6 45001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: : www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Naturally
Ross Adickman
January 19, 2011
Page 2 of 3
REQUIRED RESPONSE
This Office requests that you respond in writing within by February 7, 2011. Your response
should be sent to the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY
70, Swannanoa, NC 28778. Your response should address the following items:
1. 401 WQ Certification
1. Response to DWO - Regional Office
a. Explain why the required compensatory mitigation payment has not been accomplished.
b. Provide assurance that you have communicated with NCEEP.
c. Provide a date by which full payment is anticipated to be completed to NCEEP.
2. Response to NCEEP
a. Upon receipt of this Notice, you are required to contact Kelly Williams of NCEEP (Phone:
919-716-1921; Email: [e-mail]) to request a new invoice, as the
previous invoice has expired.
b. Once you receive the updated invoice from NCEEP, you are required to submit payment
in full to NCEEP for the compensatory mitigation prior to the expiration date on the
invoice.
3. Response to DWO - Central Office
a. Provide a copy of the new invoice to DWQ by February 7, 2011. Please submit
this to the NPS Assistance and Compliance Oversight Unit, attention Katie Merritt,
1617 Mail Service Center, Raleigh, NC 27699-1617 or call 919-807-6371 for an
alternative way to send this response.
b. Within ninety (90) calendar days from the invoice date, you must send verification
of your mitigation payment to DWQ. Please submit verification to the NPS
Assistance and Compliance Oversight Unit, attention Katie Merritt, 1617 Mail
Service Center, Raleigh, NC 27699-1617 or call 919-807-6371 for an alternative
way to send this response.
Ross Adickman
January 19, 2011
Page 3 of 3
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 Chuck Cranford at (828) 296-
4664.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Katie Merritt - DWQ NPS Assistance & Compliance Oversight Unit
Kelly Williams - NCEEP In-Lieu Fee Program Coordinator
Ian McMillan - 401 Permitting Unit - File Copy
ARO File Copy
SAS WP\Buncombe\401 s\Non-DOT \HawksLanding\NOV-2011-PC-0043.01-18-1 Ldoc