20081216 Ver 1_Notice of Violation_20110630

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL 7010 2780 0001 4221 6955
RETURN RECEIPT REQUESTED
Mr. Brian Lucas
Westpointe Luxury Apartments
PO Box 2021
Asheboro NC 27204
Subject: Stormwater Permit No. SW4080902
Notice of Violation #NOV-201 1 -PC-03 63
West Pointe Luxury Apartments LLC
Randolph County
Dear Mr. Lucas:
June 30, 2011
The Division of Water Quality (Division) is in receipt of your Violation Response and plan of action dated June
22, 2011. The Division has reviewed your letter and requires the following action to be taken.
You have indicated that the wet detention basin is currently being used as a sediment basin in accordance with
your approved Erosion Control Plan. The Division apologizes for its confusion regarding the status of this
pond. Please disregard all items noted in the Notice of Violation letter dated June 10, 2011 that are regarding
the wet detention basin and follow your approved Erosion Control Plan and any direction provided by the
Division of Land Resources.
Please note that you will be required to convert this pond to the dimensions and specifications in your approved
stormwater permit upon release of its use as a sediment basin by the Division of Land Resources. This includes
removal of all accumulated sediments to ensure proper depths and dimensions. The wet detention basin must be
certified by a professional engineer upon conversion. Please forward the Certification to the Division when it is
completed.
You have requested until August 5, 2011 to construct both Bioretention Cells in accordance with your
stormwater permit. The Division hereby accepts this proposed schedule of completion. Please submit as-built
plans and an engineer's certification for Bioretention Cell #1 and Bioretention Cell #2 by August 5, 2011.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carohna
Aaturallry
Mr. Lucas
June 30, 2011
Page 2 of 2
Thank you for your attention to this matter. This Office is still 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 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 this office
at 336-771-4964 or sue.homewood(a),ncdenr.gov or myself at 336-771-5000.
Sincerely,
W. Corey Basinger
Water Quality Regional Supervisor
Winston Salem Regional Office
cc: DWQ WBSCaPe Unit
DWQ WSRO