Complete File - Historical_20171231 (7)

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T BUTTERFIELD LAND COMPANY
PO BOX 892641
sei TEMECULA CA 92589
-------------
3 orATTN: MR JAY BOGDANOVICH
ciq swp/ls 11 /8/ 12-------------

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PS Form 3800, August 2006 (Reverse) PSN 7530.02-000-9047

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NCDENR
North Carolina Department of Environment and -Natural Resources
Division of Water Quality
I Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
! Governor Director Secretary
November 8, 2012
CERTIFIED MAIL # 7010 0290 4565 1004
RETURN RECEIPT REQUESTED
Mr. Jay Bogdanovich
Butterfield Land Company
P.O. Box 892641
Temecula, CA 92589
Subject: Notice of Violation
Tracking No. NOV-2012-DV-0220
4318 Waxhaw Marvin Road
Waxhaw, NC
Union County
Dear Mr. Bogdanovich:
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the
Environmental Management Commission of the Department of Environment and Natural Resources
(NCDENR) to protect and preserve the water resources of the State. The Division of Water Quality (DWQ)
has the delegated authority to enforce adopted pollution control rules and regulations.
On October 29, 2012, Lon Snider with NCDENR-DWQ observed raw sewage being released from a
private pump station located at 4318 Waxhaw Marvin Road. This private pump station pumps across the
road into -the collection system serving the Prescott subdivision. The unpermitted discharge from the pump
station is entering a storm drain that leads to Twelve Mile Creek. This sewer extension and pump station
was constructed under DWQ permit No. WQ0029161 that was issued on August 18, 2005, to Prescott
Development, LLC. Current tax records indicate that Butterfield Land Company is the owner of the subject
property.
Be advised that pursuant to NCGS 143-215.1(a)(1), No person shall make any outlets onto land and
into waters of the State unless that person has received a permit from the Department and has complied
with all conditions set forth in the permit. Be advised that NCGS 143-215.6A provides for a civil penalty
assessment of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per day when the violation is of a continuing nature, against any person who is required but
fails to apply for or to secure a permit required by NCGS 143-215.1. Penalties may also be assessed for any
damage to land and/or surface waters of the State that may result from the unpermitted discharge.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
(704) 663-16991 Fax: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: hdp://portal.ncdenr.org/web/vrq
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled110% Post Consumer paper Nahl&4

Mr. Jay Bogdanovich
NOV-2012'DV-0192
Page 2 ,,
Please respond to this letter within 10 days from your receipt to let this office know what steps have
been taken to stop this discharge. .A copy of the 15A NCAC 2T .0403 regulations pertaining to the
maintenance of your collection system and an ownership change form is attached for your review. Should
you have questions, please do not hesitate to contact Mr. Lon Snider at 704-663-1699.
Sincerely,
Michael Parker
Acting Regional Supervisor
Surface Water Protection Section
Enclosure
Cc: Union County Environmental Health Department
Current residents of 4318 Waxhaw Marvin Rd, Waxhaw, NC 28173

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Article Addressed to:
BUTTERFIELD LAND COMPANY
PO BOX 892641
TEMECULA CA 92589
ATTN: MR JAY BOODANOVICI-I
swp/Is 11/8/12
—0 Agent
❑ Addresse
C. Date of Deliver
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a Tot MR JAMES D. KIKER, PRESIDENT
sent KIKER PLUMBING SERVICES
Sirist 4001 SIKES MILL ROAD-----------
3 or Pt MONROE NC 28110
City, ' swp/wb 3/29/10

Certified Mail Provides:
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■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof o
delivery. To obtain Return Receipt service, please complete and attach a Returt
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver foi
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent. Advise the clerk or mark the mailpiece with thi
endorsement "Restricted Delivery".
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cle at the post office for postmarking. If a postmark on the Certif led Mai
receipt Is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an Inquiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-000.9047

CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 29, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1140 0002 2716 1299
Mr. James D. Kiker, President
Kiker Plumbing Services, Inc.
4001 Sikes Mill Road
Monroe, NC 28110
SUBJECT: Assessment of Civil Penalties
Operation of a Disposal System Without a Permit
Kiker Plumbing Services, Inc.
Case Number OP-2010-0001
Union County
Dear Mr. Kiker:
Dee Freeman
Secretary
This letter transmits notice of a civil penalty assessed against Kiker Plumbing Services, Inc. in the
amount of $1,814.04, including $314.04 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following: .
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Please submit payment to -the attention of -
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 1. ,A I , r f

0.
2. Submit a. written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request -will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation; .
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of her decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information' that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and. thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
M

3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt
of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays.
The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) —
provided the signed original, one (1) copy and a filing fee (if a fee is required by NCGS § 150B-23.2) is
received in the Office of Administrative Hearings within seven (7) business days following the faxed or
electronic transmission. You should contact the Office of Administrative Hearings with all questions
regarding the filing fee and/or the details of the filing process. The mailing address and telephone and
fax numbers for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact me at [phone] or Bob
Sledge in our central office at [phone], (e-mail: [e-mail]).
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
Mooresville Regional Office
Attachments
cc: Mooresville Regional Office — SWP Section
NPDES Unit - Enforcement File
Central Files

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
KIKER PLUMBING SERVICES, INC
FOR OPERATION OF A DISPOSAL
SYSTEM WITHOUT A PERMIT
AS REQUIRED BY
NORTH CAROLINA GENERAL
STATUTE 143-215.1(a)(2)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
File No. OP 2010-0001
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, and the Director of the Division of Water Quality (DWQ), I, Robert B. Krebs,
Surface Water Protection Supervisor for DWQ's Mooresville Regional Office, make the
following:
I. FINDINGS OF FACT:
A. Kiker Plumbing Services, Inc. (Kiker) is a corporation organized and existing
under the laws of the State of North Carolina.
B. On February 4, 2010, employees of Kiker provided repair services to a low
pressure pump, subsurface wastewater treatment system for a residence located at
1514 JJ Autry Road, in Marshville, in Union County.
C. In the course of providing the services noted in I. B. above, the Kiker employees
pumped the contents of an effluent pump tank onto the ground behind the
residence.
D. Responding to a report of sewage being pumped into a creek, staff of the Union
County Health Department (UCHD) visited the 1514 JJ Autry Road residence on
February 4, 2010. UCHD staff observed wastewater and wastewater residuals had
been pumped from the pump tank onto the ground at a point approximately 20
feet from an unnamed tributary to Beaverdam Creek. Wastewater was observed
flowing from the ground surface into the unnamed tributary and residuals were
observed in the stream. Based upon the size of the tank and the observation that it
was empty when UCHD staff arrived, it is estimated that several hundred gallons
of wastewater were'pumped onto the ground. Photographs of the observed
conditions were taken during the site visit.

E. Following discussions with UCHD staff, Kiker employees began clean up of the
site, and applied powdered lime to the affected areas.
F. As of February 4, 2010, Kiker had not obtained a valid permit for the activities
described in I. C. and I. D. above.
G. The costs to the State of the investigation and enforcement procedures in
this matter totaled $314.04.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Kiker is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. The wastewater and wastewater residuals described in I. C. and I. D. above is a
"waste" pursuant to G. S. 143-213(18)(c).
C. The discharge of wastewater and wastewater residuals to the ground described in
I. C. and I. D. above constitutes a "disposal system" pursuant to G. S. 143-
213(10).
D. A permit is required for the operation of a disposal system pursuant to G. S. 143-
215.1(a)(2).
E. Kiker violated G. S. 143 -215. 1 (a)(2) by operating a disposal system without a
permit on February 4, 2010.
F. Kiker may be assessed a civil penalty in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars per violation may be assessed against a person who is required but fails to
apply for or secure a permit required by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Kiker
pursuantto G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
H. The Mooresville Region Surface Water Protection Section Supervisor, pursuant to -
delegation provided by the Director of the Division of Water Quality; and the
Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION:
Accordingly, Kiker Plumbing Services, Inc. is hereby assessed a civil penalty of
$ 1,500.00 for operation of a disposal system on February 4, 2010
without having first secured a permit as required by
G.S. 143-215.1(a)(2).
$ 1,500.00
0EKj !
$ 1,814.04
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken.
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S.
14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) 'The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
3��I Za JD
(Date) Robert B. Krebs
Surface Water Protection Regional Supervisor
Mooresville Regional Office

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Kiker Plumbing Services, Inc.
County: Union
Case Number: OP-2010-0001
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private properly resulting from the violation;
No harm has been measured or documented; however, the illegal discharge of
wastewater (including wastewater solids) could result in water quality violations
{ or degradation of the receiving waters and create potential health hazards.
2) The duration and gravity of the violation;
The violation occurred and was observed on February 4, 2010.
3) The effect on ground or surface water quantity or quality or on air quality;
No adverse effects have been documented.
4) The cost of rectifying the damage;
No environmental damage has been established.
5) The amount of money saved by noncompliance;
None documented.
6) Whether the violation was committed willfully or intentionally;
The evidence suggests that the violation was committed intentionally. Kiker Plumbing Services,
Inc. personnel admitted to the Union County Health Department Staff (on February. 4, 2010) and
in the written NOV/NRE response letter to DWQ/MRO (dated February 15, 2010) that the
wastewater was pumped onto the ground to help the homeowner.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
Kiker Plumbing Services, Inc. does not have a prior record of noncompliance.
8) The cost to the State of the enforcement procedures.
$314.04.
3 z17 w) a
ate'
Robert B. Krebs

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT )
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST )
ADMINISTRATIVE HEARING AND
KIKER PLUMBING SERVICES, INC. )
STIPULATION OF FACTS
CASE NO. OP-2010-0001
Having been assessed civil penalties totaling' $1,814.04 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Quality dated March 29, 2010 , the undersigned, desiring to
seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -
stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of
the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30)
days from the receipt of the civil penalty assessment.
This the
day of
NAME (printed)
SIGNATURE.
ADDRESS
TELEPHONE
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748 -
Internet: www.ncwaterqualit .org .
One
NorthCarolina-

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OP-2010-0001 County: Union
Assessed Party: Kiker Plumbing Services, Inc.
Amount Assessed: $1,814.04
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for ky previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessaa remedial actions
(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION (attach additional pages as necessary):
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: http://portal.ncdenr.org/web/Wq
"0ne
NorthCarolina
An Fniml11nnnrfunitv1 AffirmafivA Aefinn Fmnlnver-304 Rervn1ed11H Pnst Cnnornar wirer

■ Complete items 1,.2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reve
so that we can return the card to you.
■ Attach this card to the back. of the mailplec
or on the front if space permits.
Article Addressed to:
MR JAMES D. KIKER, PRESIDENT
KIKER PLUMBING SERVICES
4001 SIKES MILL ROAD
MONROE NC 28110
swp/wb 3/29/10
SignatV
Agent
❑ Addressee
B. Re ived by (Printed Name) C. 1,1%tEjiof�p
b. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3Negistered
Service Type
ertified Mail ❑ Express Mail
❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
- 7008 :111114`d! dblo
21716.11
DS Form 3811. February 2004
Domestic Return ReceiDt
102595-02•M-154

UNITED STATES�,�.POSTAt' SERVICE:` -
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• Sender: Please print your name, address, and ZIPf4 in this box •.:
a
SURFACE WATER PROTECTION 1'
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610 EAST CENTER AVE
SUITE 301
MOORESVILLE NC 28115
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3 son KIKER PLUMBING SERVICE, INC
3 sfre 4001 SIKES MILL ROAD-------------
orF MONROE NC 28110
swp/wb 2/9/10

Certified Mail Provides:
A mailing receipt
A unique identifier for your mailpiece
A record of delivery kept by the Postal Service for two years
Important Reminders:
s Certified Mail may ONLY be combined with First -Class Mailo or Priority Mail,
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fe
valuables, please consider Insured or Registered Mail.
® For an additional fee, a Return Receipt may be requested to provide proof a
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover thf
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver foi
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt I,,
required.
s For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent. Advise the clerk or mark the mailpiece with thi
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an inquiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-000.9047

` i,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 9, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1140 0002 2716 1282
Mr. James D. Kiker, President
Kiker Plumbing Service, Inc.
4001 Sikes Mill Road
Monroe, North Carolina 28.110
Subject:
Dear Mr. Kiker:
Notice of Violation/Notice of
Recommendation for Enforcement
Violation of G.S. 143.215.1
Unpermitted Discharge of Wastewater
1514 JJ Autry Road Residence
Union County, N.C.
Tracking #: NOV-2010-OP-0007
Dee Freeman
Secretary
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water resources of
the State. The Division of Water Quality has the delegated authority to enforce adopted water pollution
control rules and regulations.
On February 5, 2010, this Office was notified by Union County Environmental Health (UCEH)
that Kiker Plumbing Service, Inc. (KPSI) personnel had discharged wastewater onto the ground and into
an unnamed tributary to Beaverdam Creek on February 4, 2010 (See attached photos). KPSI personnel
had pumped the wastewater contents (several hundred gallons) from a pump tank during the maintenance
on a permitted subsurface disposal system located at 1514 JJ Autry Road in Marshville, N.C. This Office
was also notified that KPSI personnel applied lime to all affected areas following discussions with the
UCEH representative.
Please be advised.that this report is being issued as allotice of Violation (NOV)/Notice of
Recommendation for Enforcement (NRE) for the violation of G.S. 143-215.1 (unpermitted wastewater
discharge). Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per violation, per
day when the violation is of a continuing nature, against any person who fails to secure a permit required
by G.S. 143-215.1.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748 NOI�tl1Cc`lT011Tlc7
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycledi10% Post Consumer paper

F
Mr. James D. Kiker
Page Two
February 9, 2010
This letter is also to advise you that this Office is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality for the violation of G.S.
143.215. 1 (unpermitted wastewater discharge). If you have an explanation for this violation that you wish
'to present, please include it in the request response. Your explanation will be reviewed and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along
with the enforcement package for her consideration.
This Office requests that you respond to this letter. Please address your response to me by no later
than February 19, 2010. Should you have questions, please do not hesitate to contact Mr. Bell at (704)
663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
Enclosure:
Photographs
cc: Ed Eason, Union County Health Department

All pictures taken by Union County Environmental Health (Ed Eason) on February 4, 2010.
dnK wnere wastewater was pumped to the ground and into nearby unnamed tributary.
W astewater anct resiauals that were on the ground and down gradient from the tank.

Wastewater discharge down gradient ottanK anu aujaLC[I< <U UIIIIQ1I1Gu -„- — T'
A Kiker Plumbing Service, Inc. employee at tne
Environmental Health.

Bell, Wes
From: Bou-ghazale, Samar
Sent: Friday, February 05, 2010 1:02 PM
To: Bell, Wes
Subject: FW: 1514 JJ Autry Rd. Marshville, NC
Attachments: Phillips 1514 JJ Autry.doc; IMG_1529.JPG; IMG 1530.JPG
Wes,
Please handle this complaint. Also, I will forward 2 additional a -mails containing additional pictures of the site.
Thanks
Samar
From: [e-mail] [mailto:[e-mail]. nc.us]
Sent: Friday, February 05, 2010 11:10 AM
I To: Bou-ghazale, Samar
Subject: 1514 JJ Autry Rd. Marshville, NC
Mr. Bou-Ghazale:
On February 4, 2010, the owners of the property (The Phillips at 1514 JJ Autry Rd) contacted our office to
inform us that the Company Kiker Plumbing(hired by Homeowner Warranty Company) was pumping the
contents of the Phillip's pump tank onto the ground surface, within 20 feet to an intermittent stream.
When I arrived , I observed- effluent (from pump tank) flowing into the intermittent stream. A straight
pipe was observed, that discharges effluent from a washing machine, into the intermittent stream. I will
attach photos and a copy of our NOV. We asked Kiker, Plumbing to apply powered lime on the affected
area and they did, prior to the rain event. We wanted your Department to be aware of this. You can
contact Mr. or Mrs. Tony Phillips at 704-624-9334. The Phillips recently purchesed the property.
Ed Eason, REHS
Environmental Health Specialist
Union County Environmental Health
Bus: [phone]
Fax: [phone]

Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired. X
i Print your name and address on the reverse
so that we can return the card to you.
i Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
MR JAMES KIKER, PRESIDENT
KIKER PLUMBING SERVICE, INC
4001 SIKES MILL ROAD
MONROE NC 28110
swp/wb 2/5/10
❑ Agent
❑Addressee
by I JFdnt,_... -- C. Date of Delivery
Is deiivery a"adr,
Yesif YES, enteO No
CL
J .
3 SeNigistered
ice Type
rued Mail ❑ Express Mail
❑ Return Recelpt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
- 7008 114� �002 2.716 4282
j1' • i i 8 �3 ._
S Porm 3811`.l ] 1 ! e d ! 1
'Februlfarv1 2004 P 1 7 1 tDomestic Retum Receipt 102595-02-M-1541

UNITED STATES POSTAL SERVICE
o
nn~v
° Sender: Please print your name, address, and
'SURFACE
.
|61OEA3TCENTERAVE
/SU|TE3O1 .
|K4OOKE5V|LLE NC -28115
�
FEBl 2 �u/n
^ ' ^ /0

KIKER PLUMBING SERVICE, INC.
4001 SIKES MILL ROAD
MONROE, NC 28110
[phone] OR [phone]
Fax: [phone]
License #__7.020P.
February.15, 2009
RE: 1514 JJ Autry Rd
Union-c- unty_,NC.
Tracking. # NOV-201.0-OP-0007
_----FEB ;l 7 2410
Mr. Robert Krebs,
This- letter is inregards to the above job. An, employee of Kiker.
Plumbing Service, Inc. did pump out water from pump tank to be able
to .disconnect. tank. I.realize that it -should not have been _done but they
were trying to help the family. It was late in the day and the family had
a child and a person with cancer that needed the septic system working.
We have been in business since 1971 and have a good track record.. I
am dealing with the .employee with possible job loss.. We are a small
plumbing and septic tank company. My company has already suffered
in the last 1-2 years because of the .economy and the fines that maybe
imposed would .put my company out of business.
Thank _ ou
Douglas Kiker
President

N. C. Department of Environment and Natural Resources/Division of Environmental Health
NOTICE OF VIOLATION i
ON -SITE WASTEWATER SYSTEM
Hand Deliver _Certified Mail (Return Receipt) _X First Class Mail —
elanie Phillips Mailing Address: 1514 JJ Autry Rd
089011H Marshville, NC 28103
Residence ❑ Business ❑ Other
F E B 1 1 2010
Services or
A' ou are hereby notified that you are violating the Rules adopted by the North Carolina Commission for Health rticle 11 of Chapter 130A of the General Statutes of North Carolina by owning or controlling a residence; place of business, or
place of public assembly which is not provided with an approved wastewater system:." Your wastewater system is-not'in .�
compliance.
On 02/4/2010„ an inspection of the wastewater system by the Union County Health Department indicated the following
violations:
_ Violation
Wash Water through a straight nine discharaing to surface waters. A straight pipe was observed discharging to an
intermittent stream.
treatment and
Law or Rule Cite
or directl
15A NCAC 18A.1937 Permits: (a) Any Person owning or controlling a residence, place of business, or place of public assembly
containing water —using fixtures connected to a water sunnly source shall discharge all wastewater directiv to an annroved
You are hereby ordered to bring your wastewater system into compliance by completing the following:
X: Eliminate Wastewater discharge and connect to an approved wastewater system(Existing Septic Tank).
X: Install/ Repair wastewater system. A repair permit will be required if you elect to add new drain -lines. Please call me at
704-283-3860 when connected to an approved wastewater system. Water appeared to be leaking around the riser to pump
tank. Our -recommendation is to-re=grout around -the riser, both inside and outside with hydraulic cement, as well as, all
plumbing going into and out of tanks. We also recommend contacting a licensed septage hauler to pump the contents of septic
tank.
If the wastewater violation is not brought into compliance by March 5, 2010, appropriate legal action will be taken.
,Failure to comply with the laws, rules and this notice will subject you to the following legal remedies; Injunction Relief [G.S.
130A-18], Administrative Penalties [G.S. 130-22(c)], Suspension or Revocation of Permits [G.S. 130-23], and Criminal
Penalties [G.S. 130-25].
You may contact our office at 500 N. Main Street, Suite 36 Monroe, NC 28112, (704-283-3553, phone; 704-283-
3 825 , fax).
Notice Issued s S + 02b 10 Signed Agent
Date Ed Eason, REHS DENR/DEH
( Cc; NGDENR-Division=of--WaterrLQuality,

UNION COUNT( CERTIFIED OPERATOR LIST
NAME
COMPANY
ADDRESS
TOWN
STATE
ZIPCODE
PHONE
Tim Bannister
Tri-County Wastewater
PO Box 1830
Indian Trail
NC
28079
[phone]
S. Paulina Frazier
PO Box 1024
Monroe
NC
28111
(704) 2(704) 226--2619619
Brady Freeman
124 Park Vista Drive
Troutman
NC
28166
[phone]
Sid Gaskins
Water Management
4744 Celia Creek Rd
Lenior
NC
28645
[phone]
Joe Hudson
RCS
PO Box 708
Monroe
NC
28111
[phone]
Dwight D. Jordan
D. D. Jordan Plumbing
408 E. Franklin St
Monroe
NC
28112
[phone]
Jeff Jordan
4315 NC 742 North
Wadesboro
NC
28170
[phone]
Doug Kiker
Kiker Plumbing
4001 Sikes Mill Rd
Monroe
NC
28110
[phone]
Jim Lanier
Stanley Environmental Solutions
PO Box 184
Stanley
NC
28164
[phone]
Jimmy Lowery
618 Joe Collins Rd
Monroe
NC
28112
[phone]
Bobby McCarver
McCarver Construction
14450 Cabarrus St. Rd
Midland
NC
28107
[phone]
Edward T. Moser
719 Trinity Church Rd
Monroe
NC
28112
[phone]
Mackampa(Mack) Nyekudi
SBA
[phone]
Kenneth Owens
Septic Environmental
Solutions
5522 Whispering Wind Ln
Indian Trail
NC
28079
[phone]
Dennis Rape
1417 Crown Forest Drive
Monroe
NC
28112
[phone]
Jeff Roberts
4607 Crow Road
Monroe
NC
28112
[phone]
Larry Thompson
Thompson Environmental
Consulting, Inc.
114 Orchard Ridge Rd
Locust
NC
28097
[phone]
Keith Whitley
Rt 2 Box 150
Polkton
NC
28135
[phone]
7/16/2009

Parcel Report for Account Number: 02089011 H
Page 1 of 1
Acct Number
02089011H
Show Map
Owner Name
Phillips Tony Lee & Melanie B
'
Physical Address
1514 J J Autry Rd
Mailing Address
�f
1514 J J Autry Rd
1
Marshville NC 28103
�
Click here to view district data delow -
E School
Zoning
M/H
Flood
School
Fire
Tax Information
Land Value 75490
Legal Desc 1 Bank One Na
Imp Value 75200
Legal Desc 2 1514 J J Autry Rd
Mar Value 150690
Legal Desc 3
Farm Def 0
Tot Value 150690
Acreage 9.7400
Sales Information
Date
Book/Page
Ammount
11/24/2009
5248 336
147500
12/18/2002
2009 488
60000
02/04/2002
1750 380
83500
Appraisal Information
Square Feet
2556
Half Baths
0
Full Baths
2
Year Built
1955
Heating
None
Grantor
Cobb Brian
Bank One Na
Staton Seabern Sr
Improvement Type Dwelling
AC N
Stories 1.00
Use. Single Family
http://gisapps/report/parcel.aspx?acctno=02089.011 H
2/5/2010

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To: Mr. Wes Bell, NCDENR/DWQ
From: Ed Eason, UCEH
Re: 1514 JJ. Autry Rd
, Marshville, NC 28103
On 2/4/2010, our office received a call that a septic contractor was pumping sewage into
a creek.
Mr. Jimmy Deese, and two other employees from Kiker plumbing were at the property
replacing an effluent pump. I observed the pump tank empty and a new Goulds model
311 effluent pump in the pump tank when I arrived. I observed that the contents of the
pump tank were pumped to the ground surface within approximately 20 feet to an
intermittent stream. I observed solid residuals on the ground surface and in the
intermittent stream. I also observed sewage effluent draining by gravity from the area
they pumped too, to the intermittent stream.
Kiker plumbing also replaced an existing corrugated straight pipe with approx. 20 feet of
schedule 40 pvc pipe to the intermittent stream. The pipe was to discharge sewage
effluent from the washing machine. Mr. Deese only response relating to this was that he
was just trying to help these folks out. I informed Mr. Deese to put powered lime over
the area where they pumped the contents of the pump tank on the ground (There was
solid residuals on the ground and heavy rain was expected for Friday).
Mrs. Phillips showed me the bill for their services, and Kiker plumbing charged $1150.00
to replace the effluent pump and $150.00, for the washer line (straight pipe to the
intermittent stream) Mrs. Phillips also informed me that the Home Warranty Company
arranged for Kiker Plumbing to do the work.
I informed Mrs. Phillips that a straight pipe to the intermittent stream violated the Laws
and Rules for on -site sewage treatment and disposal systems, and that she (owners) will
need to direct the washing machine effluent into the septic tank. No other visible
malfunction of the on -site treatment and disposal system was observed at this time. Mrs.
Phillips asked Mr. Deese about this, and he stated that it was best to change the plumbing
under the house, and that he would give her an estimate of the costs after looking under
the house. Before I left the property, Mr. Deese arrived with the powered lime and
applied it to the affected area.

Postage $ /
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or PO
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IS Form 3800, August 2006 (Reverse) PSN 7530-02.000-9047

NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
November 10, 2009
CERTIFIED MAIL #70071490 0004 4509 6208
RETURN RECEIPT REQUESTED
Al Greene, County Manager
Union County
500 North Main Street, Suite 918
Monroe, NC 28112
Dear Mr. Greene:
Dee Freeman
Secretary
Subject: Response to Union County Concerning
NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
NOV-2009-DV-0282
Union County Landfill
Operating without a Stormwater Permit and Illegal Unpermitted
Discharge
Union County
Thank you for your responses received October 21, 2009, from Mr. Mark Tye and Ms. Amy
Helms as well as October 23, 2009, from Mr. Edward Goscicki. In response to your letters please be
advised that the following applies to stormwater discharges at the Union County Landfill:
1. Per 40 CFR Chapter 1 (D) part 122.26(a) ii: A permit is required for a stormwater discharges
associated with industrial activities.
2. Per 40 CFR Chapter 1 (D) part 122.26(b) 14: The Union County Landfill has a stormwater
discharge, is a refuse site, and is not exempt by being municipally owned.
3. Per 40 CFR Chapter 1 (D) part 122.26(b) 14v: The Union County Landfill is a landfill as defined
below:
"(v) Landfills, land application sites, and open dumps that receive or have received any
industrial wastes (waste that is received from any of the facilities described under this
subsection) including those that are subiect to regulation under subtitle D ofRCRA ".
4. Per 40 CFR Chapter 1 (D) part 122.26(b) 14v: This facility receives industrial waste (as stated in
the previous definition) associated with construction sites, which is Category X, Construction
Activities___ _
5. Per 40 CFR Chapter 1 (D) part 122.26(b) 14v as pertains to "receive or have received industrial
waste ". The current Union County Landfill is built upon a Municipal Solid Waste Landfill that
N. C. Division of Water Quality
Mooresville Regional Office
610 East Center Avenue Mooresville, NC 28115
Phone: [phone] FAX: [phone]
Customer Service:1-877-623-6748
Internet: www.nGwaterquality.org
One
NorthCarolina
Natu'rallif

Page 2
Union County
NOV-2009-DV-0282
has received industrial waste. This was confirmed by the Division of Waste Management/Solid
Waste Section and is noted in the upper right-hand corner of the current Solid Waste permit sent
as part of the Union County response that was listed as "Attachment 3".
Stormwater discharges at landfill facilities can be required to obtain permit coverage either by
falling under the included SIC (Standard Industrial Classification) code(s) or by the narrative
description of practices as noted in applicable State or delegated program permit. The North
Carolina general stormwater permit for landfill activities NCG120000 states that, "Coverage
under this general permit is applicable to all owners or operators of stormwater point source
discharges associated with activities classified as Landfills that are permitted by the North
Carolina Division of Solid Waste Management under the provisions and requirements of North
Carolina General Statute 130A — 294". The Union County landfill has been permitted by the
North Carolina Division of Solid Waste Management under the provisions and requirements of
North Carolina General Statute 130A - 294.
Regarding the illegal, unpermitted discharge noted at the Union County Landfill on the day of the
Division of Water Quality'site visit:
1. Per 40 CFR Chapter 1(D) 122.26 (b) 2: The washdown water discharging to the storm drain was
not composed of any stormwater and therefore meets the definition of an illicit discharge.
2. Behind the facility where the municipal waste is collected, described as "the Transfer Station',
leachate and/or washdown water was allowed to bypass the leachate collection tank and
discharge. See enclosed pictures.
32, Per Solid Waste Definitions in 15ANCAC 13B .0101 (24) "Leachate" means any liquid,
including any suspended components in liquid, that has percolated through or drained from solid
waste."
All water witnessed by Division of Water Quality staff discharging on the day of the inspection was
water that had been used to wash down areas where household solid waste as well as the liquid
components of household solid waste spills and accumulates at the Union County landfill (or transfer
station as applicable).
Please be aware that the State of North Carolina Division of Water Quality, at a minimum, is
required to uphold the laws and regulations of the United States as issued by the Environmental
Protection Agency. The US EPA required "landfills" to be covered under the industrial stormwater
program when the NPDES (National Pollutant Discharge Elimination Program) Stormwater Rules came
into effect in 1990. The Union County landfill was required to be covered under this program from the
beginning. Based on the regulations cited above in addition to the regulations cited in the original
Notice of Violation and Recommendation for Enforcement inspection report the Union County Landfill:
1. Is required to have coverage under North Carolina general stormwater permit NCG120000
and
2. Division of Water Quality staff witnessed an illegal unpermitted discharge on the day of the
inspection.

Page 3
Union County
NOV-2009-DV-0282
Because of the above stated violations, the Notice of Violation is not being rescinded. It is
requested that a written response be submitted to this Office by no later than November 23, 2009 that
address the following:
Required Response:
1. Submit a completed Notice of Intent (NOI) application form and supporting fee to the
Division for coverage under Stormwater General Permit NCG120000
2. Also it is required that you immediately discontinue the illicit discharge of washdown
water and explain actions taken to prevent illicit discharges in the future..
This letter is also to advise you that this Office is still considering sending a Recommendation for
Enforcement to the Director of the Division of Water Quality for the unpermitted discharges of stormwater
and for the illegal discharge of wastewater. If you have an explanation for the violation that you wish to
present, please include it in the requested response. Your explanation will be reviewed and will be
considered in this process.
The violations noted above or any subsequent and future violations are subject to a civil penalty
assessment of not more than twenty-five thousand dollars ($25,000.00) per day per violation.
Should you have questions, please do not hesitate to contact Ms. Donna Hood or me at (704)
663-1699.
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection Section
cc: Bradley Bennett — Stormwater Permitting Unit
John Hennessey — NPS Assistance and Compliance Oversight Unit
DWQ Central Files
DH

Washwater bypassing leachate tank (at the manhole cover). Note additional washwater/leachate in the ditch
upstream of the leachate collection tank.

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UNION COUNTY
500 NORTH MAIN ST STE 918
MONROE NC 28112
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UNITED STATES.POY 'T S E .VICE. .u�. IeN
Sender: Please print your name, address, and ZrPr4 ;' in this box
INCIDENR
SURFACE WATER PROTECTION
610 E CENTER AVE STE 301
1 MOORESVILLE NC 28115
11 :h I! b I I h I

Postage
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i srreei
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ertified Mail Provides:
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nportant Reminders:
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i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
i For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailplece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPSO postmark on your Certified Mail receipt ie
required.
i For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent.'Advise the clerk or mark the mailplece with tht
endorsement "Restricted Delivery".
i If a postmark on the Certified Mail receipt is desired, please present the arti.
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
MPORTANr Save this receipt and present it when making an inquiry.
IS Form 3300, August 2006 (Reverse) PSN 7530-02-000-9047

,;
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
November 10, 2009
CERTIFIED MAIL #70071490 0004 4509 6208
RETURN RECEIPT REQUESTED
Al Greene, County Manager
Union County
500 North Main Street, Suite 918
Monroe, NC 28112
Dear Mr. Greene:
Dee Freeman
Secretary
Subject: Response to Union County Concerning
NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
NOV-2009-DV-0282
Union County Landfill
Operating without a Stormwater Permit and Illegal Unpermitted
Discharge
Union County
Thank you for your responses received October 21, 2009, from Mr. Mark Tye and Ms. Amy
Helms as well as October 23, 2009, from Mr. Edward Goscicki. In response to your letters please be
advised that the following applies to stormwater discharges at the Union County Landfill:
1. Per 40 CFR Chapter 1 (D) part 122.26(a) ii: A permit is required for a stormwater discharges
associated with industrial activities.
2. Per 40 CFR Chapter 1 (D) part 122.26(b) 14: The Union County Landfill has a stormwater
discharge, is a refuse site, and is not exempt by being municipally owned.
3. Per 40 CFR Chapter 1 (D) part 122.26(b) 14v: The Union County Landfill is a landfill as defined
I below:
"(v) Landfills, land application sites, and open dumps that receive or have received any
industrial wastes (waste that is received from any of the facilities described under this.
subsection) including those that are subject to regulation under subtitle D of RCRA ".
4. Per 40 CFR Chapter 1 (D) part 122.26(b) 14v: This facility receives industrial waste (as stated in
the previous definition) associated with construction sites, which is Category X, Construction
Activities....
5. Per 40 CFR Chapter 1- (D) part 122.26(b) 14v as pertains to "receive or have received industrial
waste ". The current Union County Landfill is built upon a Municipal Solid Waste Landfill that
N. C. Division of water Quality
Mooresville Regional Office
610 East Center Avenue Mooresville, NC 28115
Phone: [phone] FAX: [phone] One
Customer Service: 1-87 7-623-6748 NorthCcarofi 1a.
Internet: www.ncwaterquality.org ;"%hM71!1

Page 2
Union County
NOV-2009-DV-0282
has received industrial waste. This was confirmed by the Division of Waste Management/Solid
Waste Section and is noted in the upper right-hand corner of the current Solid Waste permit sent
as part of the Union County response that was listed as "Attachment 3".
6. Stormwater discharges at landfill facilities can be required to obtain permit coverage either by
falling under the included SIC (Standard Industrial Classification) code(s) or by the narrative
description of practices as noted in applicable State or delegated program permit. The North
Carolina general stormwater permit for landfill activities NCG120000 states that, "Coverage
under this general permit is applicable to all owners or operators of stormwater point source
discharges associated with activities classified as Landfills that are permitted by the North
Carolina Division of Solid Waste Management under the provisions and requirements of North
Carolina General Statute 130A — 294". The Union County landfill has been permitted by the
North Carolina Division of Solid Waste Management under the provisions and requirements of
North Carolina General Statute 130A - 294.
Regarding the illegal, unpermitted discharge noted at the Union County Landfill on the day of the
Division of Water Quality site visit:
l . Per 40 CFR Chapter 1(D) 122.26 (b) 2: The washdown water discharging to the storm drain was
not composed of any stormwater and therefore meets the definition of an illicit discharge.
2. Behind the facility where the municipal waste is collected, described as "the Transfer Station',
leachate and/or washdown water was allowed to bypass the leachate collection tank and
discharge. See enclosed pictures. .
3.'•, Per Solid Waste Definitions in 15A NCAC 13B .0 10 1 (24) "Leachate" means any liquid,
including any suspended components in liquid, that has percolated through or drained from solid
waste."
All water witnessed by Division of Water Quality staff discharging on the day of the inspection was
water that had been used to wash down areas where household solid waste as well as the liquid
components of household solid waste spills and accumulates at the Union County landfill (or transfer
station as applicable).
Please be aware that the State of North Carolina Division of Water Quality, at a minimum, is
required to uphold the laws and regulations of the United States as issued by the Environmental
Protection Agency. The US EPA required "landfills" to be covered under the industrial stormwater
program when the NPDES (National Pollutant Discharge Elimination Program) Stormwater Rules came
into effect in 1990. The Union County landfill was required to be covered under this program from the
beginning. Based on the regulations cited above in addition to the regulations cited in the original
Notice of Violation and Recommendation for Enforcement inspection report the Union County Landfill:
1. Is required to have coverage under North Carolina general stormwater permit NCG120000
and
2. Division of Water Quality staff witnessed an illegal unpermitted discharge on the day of the
inspection.

Page 3
Union County
NOV-2009-DV-0282
Because of the above stated violations, the Notice of Violation is not being rescinded. It is
requested that a written response be submitted to this Office by no later than November 23, 2009 that
address the following:
Required Response:
1. Submit a completed Notice of Intent (NOI) application form and supporting fee to the
Division for coverage under Stormwater General Permit NCG120000
2. Also it is required that you immediately discontinue the illicit discharge of washdown
water and explain actions taken to prevent illicit discharges in the future..
This letter is also to advise you that this Office is still considering sending a Recommendation for
Enforcement to the Director of the Division of Water Quality for the unpermitted discharges of stormwater
and for the illegal discharge of wastewater. If you have an explanation for the violation that you wish to
present, please include it in the requested response. Your explanation will be reviewed and will be
considered in this process.
The violations noted above or any subsequent and future violations are subject to a civil penalty
assessment of not more than twenty-five thousand dollars ($25,000.00) per day per violation.'
Should you have questions, please do not hesitate to contact Ms. Donna Hood or me at (704)
663-1699.
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection Section
cc: Bradley Bennett — Stormwater Permitting. Unit
John Hennessey — NPS Assistance and Compliance Oversight Unit
DWQ Central Files
DH

Washwater bypassing leachate tank (at the manhole cover). Note additional washwater/leach ate in the ditch
upstream of the leachate collection tank.

Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
1. Print your name and address on the reverse
so that we can return the card to you.
i Attach this card to the back of the mailplece,
or on the front if space permits.
Article Addressed to:
AL'GREENE COUNTY MANAGER
UNION COUNTY
500 NORTH MAIN ST STE 918
MONROE NC 28112
Article.Numberj j j i t )"I j 1 } E' 0 0 V 14 9
(Transfer from service label)
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UNITED STATE-5VIP
St Fees�riic
ft
Sender: Please print your name, address, and ZiPrVin this box
NCDENR
SURFACE WATER PROTECTION
610 E CENTER AVE STE 301
MOORESVILLE NC 28115

F F I C i A L E
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fc,^
Al GREENE, COUNTY MANA
UNION COUNTY
` 500 NORTH MAIN STREET
SUITE 918
c "'""""_"" """'
MONROE NC 28112 ...............
swp/dh 10/6/09

ertified Mail Provides:
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MPORTANT. Save this receipt and present it when making an inquiry.
'S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047

R_C6fNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
October 6, 2009
CERTIFIED MAIL 97007 1490 0004 4509 6185
RETURN RECEIPT REQUESTED
Al Greene, County Manager
Union County
500 North Main Street, Suite 918
Monroe, NC 28112
Dear Mr. Greene:
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION/
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-DV-0282
Union County Landfill
Operating without a Stormwater Permit and
Illegal Unpermitted Discharge
Union County
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes
and directs the Environmental Management Commission of the Department of
Environment & Natural Resources to protect and preserve the water resources of the
State. The Division of Water Quality (DWQ) has the delegated authority to enforce
adopted pollution control rules and regulations.
On September 3, 2009, Donna Hood and Polly Lespinasse with the North Carolina
Department of Environment and Natural Resources, Division of Surface Water Protection
Section conducted a site inspection at the Union County Landfill and Transfer Station
at 2125 Austin Chaney Road. As a result of this investigation, the following conditions
were found in violation of NCGS 143-215.1:
Union County was operating a landfill without approved General Stormwater
Permit NCG120000. The facility was illegally discharging washdown water into the
stormwater collection system. This site is within the Richardson Creek watershed and
located in the Yadkin -Pee Dee River Basin.
The National Pollution Discharge Elimination System (NPDES) program was
established by the federal Clean Water Act (1972) and then delegated to the Division of
N. C. Division of Water Quality
Mooresville Regional Office
610 East Center Avenue Mooresville, NC 28115
Phone: [phone] FAX: [phone] One
Customer Service:1-877-623-6748 NorthCa olina
Internet: www.ncwaterquality.org %, �ahtr�yy/rIf
An Equal Opportunity 1 Affirmative Action Employer �/ l ill

Page 2
Union County
NOV-2009-DV-0282
Water Quality for implementation in North Carolina. The NPDES Phase I permitting
program for stormwater discharges was established in 1990. Phase I focused on site and
operation planning to reduce pollutant sources. One of the industries regulated through
NPDES permits is Landfills, SIC 4953.
As a result of the site inspection and file review, the following violations, detailed
below, are noted:
(1) Operating a landfill without a stormwater permit
(2) Illegal discharge of garbage wash down water into the stormwater system.
Item I. Operating a facility without a stormwater permit
It is illegal to operate certain industrial plants without a permit under North
Carolina General Statute (NCGS) 143-215. 1 (a). Illegal operation is subject to civil
penalties of up to $25,000 per day according to NCGS 143-215.6A(a)(2). NPDES
general permit NCG120000.has been established pursuant to NCGS 143-215.1(b) for
discharges.of stormwater to surface waters. This general permit is applicable to owners
or operators of stormwater point source discharges associated with activities classified as
establishments primarily engaged in landfill operation. We believe this facility was
operating at the time of inspection.
Item II. Second Violation
The facility was washing down areas contaminated by solid waste and
trash/dumpster leachate into the stormwater system. This is a violation of NCGS 143-
215.1.
To comply with the General Statutes pertinent to the illegal discharges of
stormwater, you must submit a completed application form and supporting fee to the
Division for coverage under Stormwater General Permit NCG120000.
To comply with the General Statutes pertinent to the illegal discharges of
wastewater, it will be necessary to immediately discontinue the discharge of washdown
water from area until you have connected the wastewater discharge to the landfill
leachate collection system or wash down the area towards the leachate drains instead of
the stormwater drains.
It is requested that a written response be submitted to this Office by no later than
October 21, 2009 explaining action taken to eliminate all illegal discharges and the status
of the stormwater permit application and the illegal discharge from the washing
operation.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of
not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per day per violation against any person who is required but fails to secure a
permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.

Page 3
Union County
NOV-H09-DV-0282
This letter is also to advise you that this Office is considering sending a
Recommendation for Enforcement to the Director of the Division of Water Quality for the
unpermitted discharges of stormwater and for the illegal discharge 'of wastewater. If you
have an explanation for the violation that you wish to present, please include it in the
requested response. Your explanation will be reviewed and if an enforcement action is still
deemed appropriate, your explanation will be forwarded to the Director, along with the
enforcement package for his consideration.
Should you have questions, please do not hesitate to contact Ms. Donna Hood or
me at [phone].
cerely,
Ro bert B. Krebs
Regional Supervisor
Surface Water Protection Section
cc: Bradley Bennett — Stormwater Permitting Unit
John Hennessey — NPS Assistance and Compliance Oversight Unit
DWQ Central Files
DH

Wash down water bypassing the leachate collection tank and discharging to the stormwater collection
ditch.
Wash down water discharging directly to the stormwater collection system.

I Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
I Print your name and address on the reverse
so that we can return the card to you.
I Attach this card to the back of the mallpiece,
or on the front if space permits.
Article Addressed to:
Al GREENE, COUNTY MANAGER
UNION COUNTY
500 NORTH MAIN STREET
SUITE 918
MONROE NC 28112
swp/dh 10/6/09
A. Signature
gent
g.
Xge
A& 0
1:3 AddrsseE
B. R ,pcel\�ed by (Printed N e) C. Date of Felivei)
AW, Rair zk - -/ 1 /--�6 /
D. Is delivery address different from item 1? 11 As
If YES, enter delivery address below:
3. Service Type
Certified Mail E3 Express Mail
Registered E3 Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee) 13 Yes
700? '"49'albob:4..,450-,9.,6i851I 1 11 i r Ht
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UNITED STATES POSTAL SERVICE
:�;��' •+-, .--�—�- -,.fix.<•
!?�stgea& Fps Paid
.,n�v���wrnY•`tl`�' �, yrr..Sl`�'�R��' rk'��aP
• Sender: Please print your name, address, and
0
NCDENR'
SURFACE WATER PROTECTION o
610 EAS'! = ENTER AVE Q
SUITE 3G-
IV-0ORESVIk NC Z•8115 =

)FNC�AL USE
Postage
C/ \
Certified Fee
Return Receipt Fee `� -
(Endorsement Required) a Here
Restricted Dellvery Fee E (Endorsement Required) - \ ? til
Al GREENE, COUNTY MANAZt 2
UNION COUNTY
` 500 NORTH MAIN STREET
SUITE 918 •"""""""'
c
MONROE NC 28112 ._______________
swp/dh 10/6/09

ertified Mail Provides:
i A mailing receipt
i A unique identifier for your mailpiece
i A record of delivery kept by the Postal Service for two years
nportant Reminders:
I Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile
i Certified Mail is not available for any class of international mail.
i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
I For an additional fee, a Return Receipt may be requested to provide proof o1
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt le
required.
i For an additional fee, delivery may be restricted to the addressee of
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
i If a postmark on the Certified Mail receipt is desired, please present the arti•
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
MPORTANT. Save this receipt and present it when making an inquiry.
'$ Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
October 6, 2009
CERTIFIED MAIL 970071490 0004 4509 6185
RETURN RECEIPT REQUESTED
Al Greene, County Manager
Union County
500 North Main Street, Suite 918
Monroe, NC 28112
Dear Mr. Greene:
Dee Freeman
Secretan/
Subject: NOTICE OF VIOLATION/
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-DV-0282
Union County Landfill
Operating without a Stormwater Permit and
Illegal Unpermitted Discharge
Union County
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes
and directs the Environmental Management Commission of the Department of
Environment & Natural Resources to protect and preserve the water resources of the
State. The Division of Water Quality (DWQ) has the delegated authority to enforce
adopted pollution control rules and regulations.
On September 3, 2009, Donna Hood and Polly Lespinasse with the North Carolina
Department of Environment and Natural Resources, Division of Surface Water Protection
Section conducted a site inspection at the Union County Landfill and Transfer Station
at 2125 Austin Chaney Road. As a result of this investigation, the following conditions
were found in violation ofNCGS 143-215.1:
Union County was operating a landfill without approved General Stormwater
Permit NCG120000. The facility was illegally discharging washdown water into the
stormwater collection system. This site is within the Richardson Creek watershed and
located in the Yadkin -Pee Dee River Basin.
The National Pollution Discharge Elimination System (NPDES) program was
established by the federal Clean Water Act (1972) and then delegated to the Division of
N. C. Division of Water Quality
Mooresville Regional Office
610 East Center Avenue Mooresville, NC 28115
Phone: [phone] FAX: [phone] One
Customer Service:1-877-623-6748 North arolina
Internet: www.ncwaterquality.org
An Ecual O000rtunity 1 Affirmative Action Emolover

Page 2
Union County
NOV-2009-DV-0282
Water Quality for implementation in North Carolina. The NPDES Phase I permitting
program for stormwater discharges was established in 1990. Phase I focused on site and
operation planning to reduce pollutant sources. One of the industries regulated through
NPDES permits is Landfills, SIC 4953.
As a result of the site inspection and file review, the following violations, detailed
below, are noted:
(1) Operating a landfill without a stormwater permit
(2) Illegal discharge of garbage washdown water into the stormwater system.
Item I. Operating a facility without a stormwater permit
It is illegal to operate certain industrial plants without a permit under North
Carolina General Statute (NCGS) 143-215.l(a). Illegal operation is subject to civil
penalties of up to $25,000 per day according to NCGS 143-215.6A(a)(2). NPDES
general permit NCG120000.has been established pursuant to NCGS 143-215.1(b) for
discharges of stormwater to surface waters. This general permit is applicable to owners
or operators of_stormwater point source discharges associated with activities classified as
establishments primarily engaged in landfill operation. We believe this facility was
operating at the time of inspection.
Item II. Second Violation
The facility was washing down areas contaminated by solid waste and
trash/dumpster leachate into the stormwater system. This is a violation of NCGS 143-
215.1.
To comply with the General Statutes pertinent to the illegal discharges of
stormwater, you must submit a completed application form and supporting fee to the
Division for coverage under Stormwater General Permit NCG120000.
To comply with the General Statutes pertinent to the illegal discharges of
wastewater, it will be necessary to immediately discontinue the discharge of washdown
water from area until you have connected the wastewater discharge to the landfill
leachate collection system or wash down the area towards the leachate drains instead of
the stormwater drains.
It is requested that a written response be submitted to this Office by no later than
October 21, 2009 explaining action taken to eliminate all illegal discharges and the status
of the stormwater permit application and the illegal discharge from the washing
operation.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of
not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per day per violation against any person who is required but fails to secure a
permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.

Page 3
Union County
NOV-2009-DV-0282
This letter is also to advise you that this Office is considering sending a
Recommendation for Enforcement to the Director of the Division of Water Quality for the
unpermitted discharges of stormwater and for the illegal discharge of wastewater. If you
have an explanation for the violation that you wish to present, please include it in the
requested response. Your explanation will be reviewed and if an enforcement action is still
deemed appropriate, your explanation will be forwarded to the Director, along with the
enforcement package for his consideration.
Should you have questions, please do not hesitate to contact Ms. Donna Hood or
me at [phone].
,_�ncerely,
Ro ert B. Krebs
Regional Supervisor
Surface Water Protection Section
cc: Bradley Bennett— Stormwater Permitting Unit
John Hennessey — NPS Assistance and Compliance Oversight Unit
DWQ Central Files
DH

Wash down water bypassing the leachate collection tank and discharging to the stormwater collection
ditch.
Wash down water discharging directly to the stormwater collection system.

Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
i Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Al GREENE, COUNTY MANAGER
UNION COUNTY
500 NORTH MAIN STREET
SUITE 918
MONROE NC 28112
swp/dh 10/6/09
A. Signature
x nn /��% J� I gent
B��j J Y�(l[�' 66L) ❑Addressee
B. Recelged by (Printed Nd e) C. Date of elivery
.
Akfic, z�✓ j-' D. Is delivery address different from item 1? ❑ es
If YES, enter delivery address below: �;? J�o
3. Service Type
Certified Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7007 �149p. QCI�'4.;45.09 61,'85f t 1 I i( i4 i
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UNITED STATES POSTAL SERVICE
• Sender: Please print your name, ad
and
0
t
NCDENR'
SURFACE WATER PROTECTION o
610 EAS:! ::ENTER AVE , w
SUITE 3G"
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i3111111111311111111111111111111111111111111111111111111111111
ssVail
L�«TG-

Rc'bENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Richard Quick, President
Cedar Valley Finishing Company
603 North Broome Street
Monroe, North Carolina 28110
Dear Mr. Quick:
Division of Water Quality
Coleen H. Sullins
Director
July 23, 2009
Subject: Notice of Violation
Dee Freeman
Secretary
Violations of G.S. 143.215.1, 143.215.83,
143.215.84, and 143.215.85
Unpermitted Discharges of Oil and Boiler
Blowdown
Cedar Valley Finishing Company
Union County, N.C.
Tracking #: NOV-2009-OC-0006
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted water pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on July 8, 2009 by Mr. Wes Bell of this Office. As a result of this investigation, the
following conditions were found in violation of G.S. 143-215.1, 143.215.83, 143.215.84, and
143.215.85:
Three small areas of gravel/soil adjacent to the air cleaning device were stained
with mineral oil. The boiler blowdown wastewater was being discharged onto the
ground without a permit.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
One
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer-50% Recycledi10% Post Consumer paper

Mr. Richard Quick
Page Two
July 23, 2009
Please be advised that this report is being issued as a Notice of Violation (NOV) for the
violations of G.S. 143-215.1, 143.215.83, 143.215.84, and 143.215.85. Be advised that pursuant
to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other
hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S.
143-215.83, or who fails to report a discharge as required by G.S. 143-215.85, or who fails to
comply with the clean up requirements of G.S. 143-215.84, shall incur, in addition to any other
penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. Be. advised that G.S. 143-215.6A provides for a civil penalty assessment
of not more that twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per violation, per day when the violation is of a continuing nature, against any
person who fails to secure a permit required by G.S. 143-215.1.
To comply with the regulations it will be necessary to cease the boiler blowdown
discharge and initiate the removal and proper disposal of the contaminated gravel/soil, with all
affected areas being restored as nearly as may be to the conditions existing prior to the discharge.
This Office requests that you respond to this letter. Your response should address all
corrective actions regarding the boiler blowdown and oil discharges (including soil cleanup
measures). Please address your response to me by no later than August 13, 2009.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
Enclosure:
Complaint Investigation Report
cc: Union County Health Department
1LT :'

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: July 8, 2009
INVESTIGATED BY: Wes BellJ) TIME SPENT: 3.0 hours
PLACE VISITED: Cedar Valley Finishing Company
PHYSICAL LOCATION: 603 North Broome Street/Monroe/NC
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Investigation regarding water discoloration and odors in a creek/ditch.
COPIES TO: Union County Health Department
REPORT:
This Office received a complaint on June 9, 2009 regarding odors and blue/green
discolorations of a creek at the Cedar Valley Finishing Co. located in Monroe, N.C.
Mr. Bell met with Mr. Richard Quick, President/Cedar Valley Finishing Company, at the
business site on July 8, 2009. During the inspection of the site grounds, Mr. Bell observed the
following: three small areas of oil -stained gravel/soil adjacent to the air cleaning device/oil
collection basin and the boiler blowdown wastewater being discharged onto the ground. The
boiler blowdown discharges (low quantity batch discharges) were being assimilated directly into
the ground and no oil stained gravel/soil was found down gradient of these areas (including
adjacent stormwater drainage system). Mr. Quick indicated that the gravel/soil was stained with
mineral oil as a result of the trace leakages attributed to the air cleaning system. In addition, Mr.
Quick indicated that all process wastewater (air cleaning system) and domestic wastewater are
disposed into the City of Monroe's wastewater collection system.
The facility's stormwater runoff is collected into a vegetated drainage ditch. This
drainage ditch also collects the stormwater runoff from Broome Street and the adjacent property
owners. The drainage ditch was not flowing at the time of the inspection; however, several
puddles of water were found. No odors were detected and no evidence of blue/green water
discolorations and mineral oil discharges were found. The water discolorations noted in the
complaint may be attributed to the natural decomposition of the organic material (leaves, sticks,
vegetation, etc.) found throughout the ditch.
Mr. Quick was informed of the environmental laws/regulations pertaining to Mr. Bell's
observations noted during the inspection. Mr. Quick was very courteous and helpful throughout
this investigation. A follow-up investigation may be necessary to verify the facility's corrective
actions.

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i
Cedar Valley Finishing Co.,Inc.
603 N. Broome Street
Monroe, N.C. 28110
[phone]
[phone]
I AUG - 6 2009
August 04, 2009
- Mr. Wes Bell
N.C. Department of Environment and Natural Resources
Division of Water Quality
610 E. Center Ave.
Suite 301
Mooresville,. N.C. 28115
Subject: . Violations
01)', Unpermitted Discharge of Oil
An outside contractor was hired to build a cover for the scrubber, so rain will not puddle
around the scrubber.
Therefore no oils will be able to be pushed out onto uncontained areas.
A basin will be built for any oil that may possibly leave the scrubber and will be
contained. By using the holding unit, the oils, if any will not be able to leak out
onto any areas.
Contaminated gravel has been cleaned up, removed and covered.
02) Boiler Blowdown
---Separation tank -was -purchased for the boiler blowdown.
It will be installed as soon as possible.
I am requesting an extension for August 31, 2009 to be able to correct and comply
with these violations.
Sincerely,
Richard Quick
President
\11

01/22/2006 13:46 7042896288 CEDAR VALLEY FINISH PAGE 01/02
d
.FAX T.1�5'1""Y.+.1 S_L"
Cedar Va cy.- i shkW Co..,&c.,
603 X Broome Street
Monroe, IV. C. 28110
( 704) 289-046
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01/22/2006� 13:46
7042896288
CEDAR VALLEY FINISH
PAGE 02/02
August 04, 2009
Cedar Valley finishing Co.,Inc.
603 N. Broome Smet
Monroe, N.C. 28110
[phone]
(704) 289,6288
Mir. Was Bell
N.C. Department of Environment and Natural Resources
Division of Water Quality .
610 E. Center Ave,
suite 301
Mooresville, N.C. 28115
Subject; Violations
AUG - 4 2009
01) Unpermitted Discharge of Lail
An outside contractor was hired to build a cover for the scrubber, sq rain will not puddle
around the scrubber.
Therefore no'cils will be able to be pushed out onto uncontained areas,
A basin will be built for any oil that may possibly leave the scrubber and will be
contained. By fusing the -holding unit, the oils, if any will not be able to leap out
onto any areas:
Contaminated gravel has been cleaned up , removed and covered.
02) Boiler Blowdown
Separation tank was purchased for the boiler blowdown.
It will be installed as soon as possible.
i am requesting an extension for August 31, 2009 to be able to correct and comply
with 'these violations.
Sincerely,
Richard Quick
.President

Beverly Eaves Perdue
Governor
A7iA—
ffCbENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
July 23, 2009
Mr. Richard Quick, President
Cedar Valley Finishing Company
603 North Broome Street
Monroe, North Carolina 28110
Subj ect:
Dear Mr. Quick:
Dee Freeman
Secretary
Notice of Violation
Violations of G.S. 143.215.1, 143.215.83,
143.215.84, and 143.215.85
Unpermitted Discharges of Oil and Boiler
Blowdown
Cedar Valley Finishing Company
Union County, N.C.
Tracking #: NOV-2009-OC-0006
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted water pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on July 8, 2009 by Mr. Wes Bell of this Office. As a result of this investigation, the
following conditions were found in violation of G.S. 143-215.1, 143.215.83, 143.215.84, and
143.215.85:
Three small areas of gravel/soil adjacent to the air cleaning device were stained
with mineral oil. The boiler blowdown wastewater was being discharged onto the
ground without a permit.
I
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877.623-6748
Internet: www.ncwaterquality.org
One
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer — 500/o Recycled110% Post Consumer paper

Mr. Richard Quick
Page Two
July 23, 2009
Please be advised that this report is being issued as a Notice of Violation (NOV) for the
violations of G.S. 143-215.1, 143.215.83, 143.215.84, and 143.215.85. Be advised that pursuant
to G.S. 143-215.88A, any person who intentionally or negligently discharges oil or other
hazardous substances, or knowingly causes or permits the discharge of oil in violation of G.S.
143-215.83, or who fails to report a discharge as required by G.S. 143-215.85, or who fails to
comply with the clean up requirements of G.S. 143-215.84, shall incur, in addition to any other
penalty provided by law, a penalty in an amount not to exceed five thousand dollars ($5,000.00)
for each such violation. Be_ advised that G.S. 143-215.6A provides for a civil penalty assessment
of not more that twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars
($25,000.00) per violation, per day when the violation is of a continuing nature, against any
person who fails to secure a permit required by G.S. 143-215.1.
To comply with the regulations it will be necessary to cease the boiler blowdown
discharge and initiate the removal and proper disposal of the contaminated gravel/soil, with all
affected areas being restored as nearly as may be to the conditions existing prior to the discharge.
This Office requests that you respond to this letter. Your response should address all
corrective actions regarding the boiler blowdown and oil discharges (including soil cleanup
measures). Please address your response to me by no later than August 13, 2009.
Should you have questions, please do not hesitate to contact Mr. Bell or me at (704) 663-
1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
Enclosure:
Complaint Investigation Report
cc: Union County Health Department
M:

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION UNIT
610 EAST CENTER AVENUE/SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: July 8, 2009
ji)
INVESTIGATED BY: Wes Bell ' TIME SPENT: 3.0 hours
PLACE VISITED: Cedar Valley Finishing Company
PHYSICAL LOCATION: 603 North Broome Street/Monroe/NC
RIVER BASIN: Yadkin -Pee Dee
REASON FOR VISIT: Investigation regarding water discoloration and odors in a creek/ditch.
COPIES TO: Union County Health Department
REPORT:
This Office received a complaint on June 9, 2009 regarding odors and blue/green
discolorations of a creek at the Cedar Valley Finishing Co. located in Monroe, N.C.
Mr. Bell met with Mr. Richard Quick, President/Cedar Valley Finishing Company, at the
business site on July 8, 2009. During the inspection of the site grounds, Mr. Bell observed the
following: three small areas of oil -stained gravel/soil adjacent to the air cleaning device/oil
collection basin and the boiler blowdown wastewater being discharged onto the ground. The
boiler blowdown discharges (low quantity batch discharges) were being assimilated directly into
the ground and no oil stained gravel/soil was found down gradient of these areas (including
adjacent stormwater drainage system). Mr. Quick indicated that the gravel/soil was stained with
mineral oil as a result of the trace leakages attributed to the air cleaning system. In addition, Mr.
Quick indicated that all process wastewater (air cleaning system) and domestic wastewater are
disposed into the City of Monroe's wastewater collection system.
The facility's stormwater runoff is collected into a vegetated drainage ditch. This
drainage ditch also collects the stormwater runoff from Broome Street and the adjacent property
owners. The drainage ditch was not flowing at the time of the inspection; however, several
puddles of water were found. No odors were detected and no evidence of blue/green water
discolorations and mineral oil discharges were found. The water discolorations noted in the
complaint may be attributed to the natural decomposition of the organic material (leaves, sticks,
vegetation, etc.) found throughout the ditch.
Mr. Quick was informed of the environmental laws/regulations pertaining to Mr. Bell's
observations noted during the inspection. Mr. Quick was very courteous and helpful throughout
this investigation. A follow-up investigation may be necessary to verify the facility's corrective
actions.

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MRO Incident / ComnlainfReoort
Investigator: / ge,
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Contact Date:
Date Received: Co �( 1
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Response Date:
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Complainant Address / Phone:
Nature of Complaint:
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. 603•broome stre6t, monroe, nc - Google Maps
1 Google maps Address
07 11 -a�,5
Page 1 of 1
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4.
6/9/2009

cedar valley fmishing - Google Maps
Page 1 K,Z J.
l • maps ps cedar valley finishing
A. Cedar Valley Finishing
603 Broome St, Monroe, NC - [phone]
P
0.
http://maps.google.com/maps?hl=en&tab=wl
6/9/2009

Cedar Valley Finishing Co.,Inc.
i 603 N. Broome Street
Monroe, N.C. 28110
[phone] !
[phone]
AUG - 6 2009
August 04, 2009
_ . Mr. Wes Bell
N.C. Department of Environment and Natural Resources
Division of Water Quality
610 E. Center Ave.
Suite 301
Mooresville, N.C. 28115
Subject: Violations
01) . •...Unpermitted Discharge of Oil
An outside contractor was hired to build a cover for the scrubber, so rain will not puddle
around the scrubber.
Therefore no oils will be able to be pushed out onto uncontained areas.
A basin will be built for any oil that may possibly leave the scrubber and will be
contained. By using the holding unit, the oils, if any will not be able to leak out
onto any areas.
Contaminated gravel has been cleaned up, removed and covered.
02) Boiler Blowdown
Separation tank -was purchased for the boiler blowdown.
It will be installed as soon as possible.
I am requesting an extension for August 31, 2009 to be able to correct and comply
with these violations.
Sincerely,
Richard Quick
President

01/22/2006 13:46 7042896288 CEDAR VALLEY FINISH PAGE 01/02
I -
E7_11 l I?CAL S 1',��TTAL YW)'f, tJ ,E,ErL
Cedar Val1eyAims w Co.,4Jnc.
69,3 X- Amome §freer
,1 onme. IV.. C. 28110
764) 289-9546
4
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Fax # Telephone #
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,Tfoorreceived co teedy, ,please earl they t&eoone niumbershoum. abate.

01/22/2006- 13:49
7042896288
CEDAR VALLEY FINISH
PAGE 02/02
Cedar Valley )'ii fishing Co.jnc.
603 N. Broome Street:
Monroe, N.C. 28110
[phone],
(704) 289,6288
AUG - 4 2009
August 04, 2009
Mr. Wes Bell
N.C. Department of Environment and Natural Resources
Division of Water Quality
610 E. Center Ave,
Suite 301
Mooresville, N.C. 28115
Subject; Violations
01), Unpermitted Discharge of Qil
An, outside contractor was hired to build a cover for the scrubber, so rain will not puddle
around the scrubber.
Therefore no oils will be able to be pushed out onto uncontained areas.
A basin will be built for any oil that may possibly leave the scrubber and will be
contained. By fusing the holding unit, the oils, if any will not be able to leak out
onto, any areas:
Contaminated gravel has been cleaned up, removed and covered.
02) Boiler Blowdown
Separation tank was purchased for the boiler biowdown.
It will be installed as soon as possible.
1 am requesting an extension for August 31 ° 2009 to be able to correct and comply
with these violations.
Sincerely,
J},r
Richard Quick
President

(Domestic Mail Only; No Insurance Coverage Provided)
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u MR ROBERT VAN DE VENTER
sent 1 186 JAKE TUCKER ROAD
street MIDLAND NC 28102
orPo- Swp/bs 6/26/07
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OF W ATF9
)A
Michael F. Easley, Govej, (,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
s
Mr. Robert Van De Venter
186 Jake Tucker Road
Midland, NC 28102
Dear Mr. Van De Venter:
Coleen H. Sullins, Director
Division of Water Quality
June 26, 2007
Subject: NOTICE OF VIOLATION
Violation of G.S. 143-215.1(a)
Tracking Number: NOV-2007-DV-0062
Incident Number: 200702032
Illegal Discharge of Sewage
2822 Bob White Circle, Wingate, NC
Union County
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve the
water resources of the State. The Division of Water Quality has the delegated authority to enforce
adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on June 21, 2007, by Union County Health Department. As a result of this investigation,
the following condition was found on the property in violation of North Carolina General Statute
(NCGS) 143-215.1(a)(1):
A discharge of sewage was occurring from your property due to a failure of the
sewage grinder pump for this house. The sewage was discharging into a storm drain
that flows to a tributary of Rocky River in the Yadkin Pee- Dee River Basin.
Be advised that pursuant to NCGS 143-215.1(a)(1), No person shall make any outlets onto
land and into waters of the State unless that person has received a permit from the Department and
has complied with all conditions set forth in the permit. Be advised that NCGS 143-215.6A
provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000.00),
or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature,
against any person who is required but fails to apply for or to secure a permit required by
North Carolina Division of Water Quality
Internet: w��n.n��ratcroualilv.�ne
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Phone [phone]
Fax [phone]
NorehCarolina
Aaturu!!y
Customer Service
1-877-623-6748

Page 2
Mr. Robert Van De Venter
June 26, 2007
NCGS 143-215.1. Penalties may also be assessed for any damage to land and/or surface waters of
the State that may result from the nonpermitted discharge. You willbe advised of anv
enforcement recommendation.
It is requested that you cease the discharge from this property immediately and respond, in
writing, to this Notice, indicating the actions you have taken to correct the problem. Please address,
your response to Ms. Sifford by no later than July 9, 2007. Please be advised that if you fail to
correct this situation further enforcement action will be pursued by the Division of Water Quality,
and also he advised that any transfer of this property 'does not relinquish you from this
liability. You were the owner of record when this incident first occurred.
Should you have questions, please do not hesitate to contact Ms. Barbara Sifford or me at
704-663-1699.
Sincerely,
�4 / f/
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Attachments
cc: Union County Health Department/ Ed Eason
. Mr. Valentin-2822 Bob White Circle, Wingate, NC
FOR

p �---dt/22/2007 03:53 7042833825 ENU HEALTH PAGE 02/02
N. C. Department of Environment and Natural Resources/DMsiou of 1 8VJronrnenu+x nnxaLu
NOTICE OF VIOLATION
ON -SATE WASTEWATER SYSTEM
Hand Deliver X Certified Mail (Return Receipt) X First Class Mail
Owner Robert Van De Venter Mailing Address: 1 66 7;1ce Tucker Rd.
Midla id, NC 28107
Occupant: Santos Valentin Location: 2822 Bob White Circle
X Residence
Mr. Van De Venter:
❑ Business . ❑ Other
You are hereby notified that you are violating the Rules adopted by the North Can lina Commission for Health Services or
Article l 1 of Chapter 130A of the General Statutes of North Carolina by owning or cc ntrolling a residence, place of business, or
place of public assembly which is not provided with an approved wastewater sys :em. Your wastewater system is not in
compliance.
On June 21,2007, an inspection of the wastewater system by the Union County Hi alth Department indicated the following
violations:
Violation
Dischar c of effluent to the ound surface and surface waters
Law or Rule Cite
15A NCAC I SA 1961 (e) — A contract shall be executed between the5ystem owr er and a management entity prior to the
issuance of an eration Permit f r a s stem uired to be maintained b a ublic ?r private management entity, unless the
system owner and certified operator are the same The contract hail i elude the s� lecific requirements for maintenance and
oMmt.ion use and other requirements for the continued proaer performance of the �vstem it shall also be a condition of the
Pperatign Permit that subsequent owners f the system execute such a contract.
15A NCAC 1_8A l 961 (a)(1) Grou d absorution sewage treatmentand disposal sd maintained to
prevent the following conditions.• (A) a dischari a of sewage or offlueril to the_surl ice of the gr
Qund,the surface Ovate s, or
directly into the groundwater at any time.
You are hereby ordered to bring your wastewater system into compliance by compl sting the following:
X Immediately repair or replace sewage grinder pump and remove p .pe to culvert.
X Eliminate wastewater discharge and connect to an
Approved wastewater system.
If the wastewater violation is not brought into compliance by ,Tune 28 2007 appr )priate legal action will be taken.
Failure to comply with the laws, rules and this notice will subject you to the followi ig legal remedies; injunction Relief [G.S,
130A481, Administrative Penalties [G.S. 130-22(c)], Suspension or Revocation of Permits (G.S. 130-23), and Criminal
Penalties [G.S. 130-25].
You may contact our office at 500 N. Main Street, Suite 36 Monroe, NC 2$11.2 , (704-2$3-3553, phone; 704-283-
3683 , .fax).
Notice lssued J Signed � Agent
Date DENR/DEH ~ ��
Compliance Signed - _Agent
Date DENR/DEH

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Article Addressed to:
MR ROBERT VAN DE VENTER
186:JAKE TUCKE94ROAD
MIDLAND 28102*
s w p I b s
8493 97
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SURFACE WATER PROTECTION :..
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SUITE 301
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S Form 3600, August 2006 (Reverse) PSN 7530-02-000-9047

OFwArF9
C 7
r
Michael F. Easley, Gove.#r V
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Robert Van De Venter
186 Jake Tucker Road
Midland, NC 28102
Dear Mr. Van De Venter:
Coleen H. Sullins, Director
Division of Water Quality
June 26, 2007
Subject: NOTICE OF VIOLATION
Violation of G.S. 143-215.1(a)
Tracking Number: NOV-2007-DV-0062
Incident Number: 200702032
Illegal Discharge of Sewage
2822 Bob White Circle, Wingate, NC
Union County
Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve the
water resources of the- State. The Division of Water Quality has the delegated authority to enforce
adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on June 21, 2007, by Union County Health Department. As a result of this investigation,
the following condition was found on the property in violation of North Carolina General Statute
(NCGS) 143-215.1(a)(1):
A discharge of sewage was occurring from your property due to a failure of the
sewage grinder pump for this house. The sewage was discharging into a storm drain
that flows to a tributary of Rocky River in the Yadkin Pee- Dee River Basin.
Be advised that pursuant to NCGS 143-215.1(a)(1), No person shall make any outlets onto
land and into waters of the State unless that person has received a permit from the Department and
has complied with all conditions set forth in the permit. Be advised that NCGS 143-215.6A
provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000.00),
or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature,
against any person who is required but fails to apply for or to secure a permit required by
North Carolina Division of Water Quality
Internet: ���tw.nc��atupualilc.i,i,
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Phone [phone]
Fax [phone]
Noce hCarolina
Naturally
Customer Service
1-877-623-6748

Page 2
Mr. Robert Van De Venter
June 26, 2007
NCGS 143-215.1. Penalties may also be assessed for any damage to land and/or surface waters of
the State that may result from the nonpermitted discharge. You will he advised of anv
enforcement recommendation.
It is requested that you cease the discharge from this property immediately and respond, in
writing, to this Notice, indicating the actions you have taken to correct the problem. Please address.
your response to Ms. Sifford by no later than July 9,,?007. Please be advised that if you fail to
correct this situation further enforcement action will be pursued by the Division of Water Quality,
and also he advised that any transfer of this property 'does not relinquish you from this
liability. You were the owner of record when this incident first occurred.
Should you have questions, please do not hesitate to contact Ms. Barbara Sifford or me at
704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Attachments
cc: Union County Health Department/ Ed Eason
. Mr. Valentin-2822 Bob White Circle, Wingate, NC
FTI

!—J022/2007 03:53 7042833825 ENU HEALTH PAGE 02/02
N. C. Department of Environment and Natural Resources/Division of E"vrronrnenuui . 1CM.N1
NOTICE OF VIOLATION
ON -SITE WASTEWATER SYSTEM
II'and Deliver X Certified Mail (Return Receipt) X Hirst Class Mail
Owner Robert Van De Venter Mailing Address: 1861,ke Tucker Rd.
i Midla id. NC 28107
;cupa.nt: Santos Valentin Location: 2822 Bob White Circle
Residence ❑ Business ❑ Other
'ou are hereby notified that you are violating the Rules adopted by the North Can lina Commission for Health Services or
►rticle 11 of Chapter 130A of the General Statutes of North Carolina by owning or cc ntrolling a residence, place of business, or
face of public assembly which is not provided with an approved wastewater sys :em. Your wastewater system is not in
omoliance.
pn Sune 2122007, an inspection of the wastewater system by the Union County 1.41 alth Department 'indicated the following
violations:
Violation
Discharge of effluent to the around surface and surface waters
Law or Rule Cite
15A NCAC I $A.1961 a -- A contract shall be executed between the ern owr er and a management en nor to the
issuance of an ration Permit f r a s stgm aired to be maintained b a uc ?r private management entity, unless the
system owner and certified overator are the same. The ogntract hall include the s iecific requirements for maintenance and
ope*ation use and other requirements for the continued proper performance of the System it shall also be a condition of the
9peratign Permit that subsequent owners Qf the system execute such_a contract.
1$A NCAC 1 aA. 1961 s):(1) Crrou d absort)6on sewage treatment and disposal sy: tems shall be operated and maintained to
prevent the followings conditions: (A) a discharge of sewage or effluen to the surf ice of the it and, the surface waters, or
directly into the groundwater at any tirmc.
You are hereby ordered to bring your wastewater system into compliance by compl sting the following:
X immediately repair or replace sewage grinder pump and remove p .pe to culvert.
X Eliminate wastewater discharge and connect Wan
Approved wastewater system.
if the wastewater violation is not brought into compliance by June 28 2007 app;r )priate legal action will be taken.
Failure to comply with the laws, rules and this notice will subject you to the follow! ig legal remedies; injunction Relief [G.S,
130A-181, Administrative Penalties [G.S. 130-22(c)], Suspension or Revocation of Permits [G.S. 130-23], and Criminal
Penalties [G.S. 130-25].
You may contact our office at 500 N. Main Street, Suite 36 Monroe, NC 2811.2 , (704-283-3553, phone; 704-283-
3683 , fax).
Notice lssued _ c2 Zz. Signed / Agent
Date DENR/DEH ��-
Compliance Signed Agent
Date DENR/DEi-i

Complete items 1, 2, and. 3. Also complete
item 4 if Restricted Delivery.is desired.
Print your name and address on the reverse
so that we can return the card to -you.
Attach this card to the back of the maiipiece,
or on the front if space permits.
Article Addressed to:
MR ROBERT VAN DE VENTER
186.JAKE TUCICER,-ROAD
MIDLAND; 28102
=Iswp/bs 07
A. Signa X f
x
❑ Agent
O`�
❑ Addressee
Er Received by (Prtnted Name)
C. Date of Delivery
D. Is delivery address different from Rem 1?
❑ Yes
If YES, enter delivery address below:
❑ No
3. Nimnilce Type
Certiled Mail ❑ Express Mall
Registered ❑ Return Recelpt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
3 972.3 .
❑ Yes
1; February" 2004" ' 1 Domestic Return Receipt 102595-02-M-154C

UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address, and ZIPV4 IK' his box
,NCDENR
SURFACE WATER PROTECTION ;
610 EAST CENTER AVE
SUITE 301 y
i
MOORESVILLE NC 28115

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 13, 2007
Yuriy Maksimenko
1600 Shimron Lane
Waxhaw, NC 28173
SUBJECT: Assessment of Civil Penalties
Yuriy and Nonna D Maksimenko
Lot 11 Weddington Forest
Union County
Case No. OP-2007-0004
Dear Mr. and Mrs. Maksimenko:
Alan W. Klimek, P.E. Director
Division of Water Quality
CERT�IED:M�I. ' .�c•
—C!1! rnr-,
RET,I-�I�T•�RECEnPft b__ TED
7003 2260''0005 5382-9.0*1Th1i'
MAR 1 5 2007
This letter transmits notice of a civil penalty assessed against Yuriy and Nonna D Maksimenko
in the amount of $4,637.08, which includes $637.08 in investigative costs. Attached is a copy of
the,assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Departtnent of Environment and Natural -Resources -and t11e-Director-of the Division of --
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2: -File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents will result in this matter being referred to the Attorney
General's Office with a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DEM. Payment of the penalty will not foreclose further enforcement action
for any continuing or new violation(s). Do not include the attached waiver form if
making payment. Payment must be sent within 30 calendar days of receipt of this notice
to the attention of:
Noe Carolina
Nawa!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 2 of 3
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute. You must execute
and return to this office the attached "Waiver of Right to an Administrative Hearing and
Stipulation of Facts" and the attached "Justification for Remission Request' which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
For this option you must file your request for remission of civil penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the attention of:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 — File a written petition to the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a petition
for a contested case hearing. This must be in the form of a written petition to the Office
of Administrative Hearings and must conform to Chapter 150B of the North Carolina
General Statutes. For further information, please refer to the Office of Administrative
Hearings website (http://www.ncoah.com/). .
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:

l
Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 3 of 3
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and to:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The violations addressed by this assessment and any impacts to waters must be abated. You are
encouraged to contact Alan Johnson with the DWQ Mooresville Regional Office at (704) 663=
1699 if you need assistance in achieving compliance at the.site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the
scope of this specific assessment.
If you have any questions, please contact Karen Higgins at [phone] extension 574 or
Danny Smith at [phone] extension 353.
ter Quality
ATTACHMENTS
cc: t-,kaJohnson�W( --uoTegqtle-�egional"Uffice
Z&fd Khan — DLR Mooresville Regional Office Supervisor
Steve Chapin — US Army Corps of Engineers, Asheville Regulatory Field.Office, 151 Patton
Avenue, Room 208, Asheville, North Carolina 28801-5006
Danny Smith - DWQ NPS Assistance & Compliance Oversight Unit Supervisor
Water Quality Central Files
Susan Massengale, PTO,

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OP-2007-0004 County: Union
Assessed Party: Yuriy and Nonna D Maksimenko
Permit No. (if applicable): Amount Assessed: $4,637.08
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearin,, and Stipulation of
Facts" .form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to. the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of . an accident (i.e., explain why the
violation was unavoidable or.something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent, you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Union
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Yuriy and Nonna D Maksimenko ) STIPULATION OF FACTS
CASE NO. OP-2007-0004
Having been assessed civil penalties totaling $ 4,637.08 for violation(s) as
set forth in the assessment document of the Director of the.Division of Water Quality dated
February 26, 2007 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
The undersigned. further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support
of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil
penalty assessment.
This the day of .20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
YURIY AND NONNA D MAKSIMENKO
FOR VIOLATIONS OF
NCGS 143-215.1(a),
15A NCAC 2B,.0211(2),
15A NCAC 211.0501, and
15A NCAC 2H .0502
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
CASE NO.OP-2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-215.6A, I, Tom Reeder, of the Division of
Water Quality (hereby known as DWQ), make the following:
I. FINDING OF FACT
A. Yuriy and Nonna D Maksimenko are the owners of record of 1600 Shimron Lane, Lot 11
Weddington Forest, located in Waxhaw in Union County, North Carolina.
B. On May 9, 2006, DWQ staff conducted an investigation at the subject site and observed
approximately 160 linear feet of stream impacts from the placement of earthen fill,
excavation, and relocation of the stream.
C. Title 15A North Carolina Administrative Code 2B .0211 (2) requires 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."
D. A review of DWQ files confirmed that no 401 Water Quality Certification or Individual -
Permit or Certificate of Coverage to operate under a General Permit has been issued for
the impacts that have occurred on. the tract.
E. Title 15A North Carolina Administrative Code 211 .0501 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities
will result in a discharge into navigable waters, including wetlands, as described in 33
CFR Part 323.
F. Title 15A North Carolina Administrative Code 2H .0502 states any person desiring
issuance of the, State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
i North Carolina Division of Water Quality.
G. The impacts occurred to an unnamed tributary to the West Fork of Twelve Mile Creek,
Class C waters within the Catawba River Basin.

Yuriy and Nonna D Maksimenko
Union County
Page 2 of 3
H. The cost to the State of the enforcement procedures in this matter totaled $637.08.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Yuriy and Nonna D Maksimenko is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. The unnamed tributary to the West Fork of Twelve Mile Creek located at the site
constitutes waters of the State within the meaning of G.S. 143-212 (6).
C. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 213
.0211 (2) by impacts to approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream.
D. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2H
.0501 and .0502 by impacting approximately 160 linear feet of stream from the
placement of earthen fill, excavation, and relocation of the stream without first applying
for and securing the issuance of a 401 Water Quality Certification as required by Section
401 of the Federal Water Pollution Control Act
E. Yuriy and Nonna D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person
who violates any classification, standard, limitation, or management practice established
pursuant to'G.S. 143-214.1, 143-214.2, or 143-215.
F. Yuriy and Nonna D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides thata civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person .
who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of
such permit or any other. permit or certification issued pursuant to authority conferred by
this Part.
G. Yuriy and Nonna D Maksimenko may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates a rule of
the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k).
H. The State's enforcement cost in this matter may be assessed against Yuriy and Nonna D
Maksimenko pursuant. to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8).
I. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, has the authority to assess civil penalties in this matter.

Yuriy and Nonna D Maksimenko
Union County
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Yuriy and Nonna D Maksimenko is hereby assessed a civil penalty of:
$;t 000 - o C7 for one (1) violation of Title 15A NCAC 2B .0211 (2) by impacts to
approximately 160 linear feet of stream from the placement of earthen
fill, excavation, and relocation of the stream
for one (1) violation of Title 15A NCAC 2H .0501 and .0502 by
impacting approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream without first
applying for and securing the issuance of a 401 Water Quality
Certification
$yeo& . 00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 637.08 Enforcement Cost
$ yG 3 % • G TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out
in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
L- Zd 7
Date
Reeder
ion of Water Quality

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 26, 2007
Yuriy and Nonna D Maksimenko
4610 Odessa Place
Monroe, NC 28110
SUBJECT: Assessment of Civil Penalties
Yuriy and Nonna D Maksimenko
Lot 11 Weddington Forest
Union County
Case No. OP-2007-0004
Dear Mr. and Mrs. Maksimenko: I -
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0005 53&,0'60':3° =VlNUNrL t:N
l `9 d5,fUR L P,C�Cil1�;CEi .
7,,Pt7"AL 0Fr! ' E
MAR 0 12007
This letter transmits notice of a civil penalty assessed against Yuriy and Nonna D Maks%menko
in the amount of $4,637.08, which includes $637.08 in investigative costs. Attached -is a copy of
the assessment document explaining this penalty. -
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents will result in this matter being referred to the Attorney
General's Office with a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DENR). Payment of the penalty will not foreclose further enforcement action
for any continuing or new violation(s). Do not include the attached waiver form if
making payment. Payment must be sent within 30 calendar days of receipt of this notice
to the attention of -
One aa
atura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org - Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 2 of 3
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request'for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute. You must execute
and return to this office the attached "Waiver of Right to an Administrative Hearing and
Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
For this option you must file your request for remission of civil penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the attention of:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 — File a written petition to the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a petition
for a contested case hearing. This must be in the form of a written petition to the Office
of Administrative Hearings and must conform to Chapter 150B of the North Carolina
General Statutes. For further information, please refer to the Office of Administrative
Hearings website (http://www.ncoah,.com/).
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:

Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 3 of 3
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and to:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The violations addressed by this assessment and any impacts to waters must be abated. You are
encouraged to contact Alan Johnson with the DWQ Mooresville Regional Office at (704) 663-
1699 if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the
scope of this specific assessment.
If you have any questions, please contact Karen Higgins at [phone] extension 574 or
Danny Smith at [phone] extension 353.
ter Quality
cc: tAj, Jo inso DWQ 1V oor suall� Regioi al�O:ffic
Zahid Khan — DLR Mooresville Regional Office Supervisor
Steve Chapin — US Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, North Carolina 28801-5006
Danny Smith - DWQ NPS Assistance & Compliance Oversight Unit Supervisor
Water Quality Central Files
Susan Massengale, PIO

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OP-2007-0004 County: Union
Assessed Party: Yuriy and Nonna D Maksimenko
Permit No. (if applicable): Amount Assessed: $4,637.08
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearin, and Stipulation of
i Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent, you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

i
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Union
IN THE MATTER OF ASSESSMENT ) WAIVER•OF RIGHT TO AN .
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Yuriy and Nonna D Maksimenko ) STIPULATION OF FACTS
CASE NO. OP-2007-0004
Having been assessed civil penalties totaling $. 4,637.08 for violations) as
set forth in the assessment document of the Director of the.Division of Water Quality dated
February 26, 2007 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support
of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil
penalty assessment.
This the day of .20

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
YUR1Y AND NONNA D MAKSIMENKO
FOR VIOLATIONS OF
NCGS 143-215.1(a),
15A NCAC 2B .0211(2),
15A NCAC 211.0501, and
15A NCAC 2H .0502
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
CASE NO. OP-2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF'
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-215.6A, I, Tom Reeder, of the Division of
Water Quality (hereby known as DWQ), make the following:
I. FINDING OF FACT
A. Yuriy and Nonna D Maksimenko are the owners of record of 1600 Shixnron Lane, Lot 11
Weddington Forest, located in Waxhaw in Union County, North Carolina.
B. On May 9, 2006, DWQ staff conducted an investigation at the subject site and observed
approximately 160 linear feet of stream impacts from the placement of earthen fill,
excavation, and relocation of the stream.
C. Title 15A North Carolina Administrative Code 2B .0211 (2) requires 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
r
any of these uses on either a short-term or long-term basis shall be considered to be
violating a water quality standard."
D. A review.of DWQ files .confirmed that no 401 Water Quality Certification or Individual -
Permit or Certificate of Coverage to operate under a General Permit has been issued for
the impacts that have occurred on the tract.
E. Title 15A North Carolina Administrative Code 2H .0501 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities -
will result in a discharge into navigable waters, including wetlands, as described in 33
CFR Part 323.
F. Title 15A North Carolina Administrative Code 2H .0502 states any person desiring
issuance of the State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality.
G. The impacts occurred to an unnamed tributary to the West Fork of Twelve Mile Creek,
Class C waters within the Catawba River Basin.

Yuriy and Nonna D Maksimenko
Union County
Page 2 of 3
H. The cost to the State of the enforcement procedures in this matter totaled $637.08.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Yuriy and Norma D Maksimenko is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
_ B. The unnamed tributary to the West Fork of Twelve Mile Creek located at the site
constitutes waters of the State within the meaning of G.S. 143-212 (6).
C. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2B
.0211 (2) by impacts to approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream.
D. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2H
.0501 and .0502 by impacting approximately 160 linear feet of stream from.the
placement of earthen fill, excavation, and relocation of the stream without first applying
for and securing the issuance of a.401 Water Quality Certification as required by Section
401 of the Federal Water Pollution Control Act
E. Yuriy and Norma D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day maybe assessed against a person
who violates any classification, standard, limitation, or management practice established
pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
F. Yuriy and Nonna D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides that a civil penalty -of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of
such permit or any other permit or certification issued pursuant to authority conferred by
this Part.
G. Yuriy and Nonna D Maksimenko may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates a rule of
the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k).
H. The State's enforcement cost in this matter may be assessed against Yuriy and Nonna D
Maksimenko pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8).
I. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, has the authority to assess civil penalties in this matter.

Yuriy and Nonna D Maksimenko
Union County
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Yuriy and Nonna D Maksimenko is hereby assessed a civil penalty of:
000 - 0 0 for one (1) violation of Title 15A NCAC 2B .0211 (2) by impacts to
approximately 160 linear feet of stream from the placement of earthen
fill, excavation, and relocation of the stream
$ ,Lod o . o D for one (1) violation of Title 15A NCAC 2H .0501 and .0502 by
impacting approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream without first
applying for and securing the issuance of a 401 Water Quality
Certification
Cad TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 637.08
$ W/537 . afl
Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out
in G.S. 143B-282.1(b),.which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date
Reeder
ion of Water Quality

SURFACE WATER PROTECTION
January 13, 2007
Memorandum:
TO: Danny Smith
FROM: John Lesley
PREPARED BY: Alan D. Johnson
SUBJECT: Enforcement Recommendation
Mr. Yurriy Maksimenko
Lot #11, Weddington Forest S/D
Violations of 15A NCAC 2B .0211 (2) and
15A NCAC 2H .0500 (401 Water Quality Certification)
Union County, NC
Enclosed is an enforcement recommendation package for the subject site for violation of
General Certification 3402 and violation of water quality stream standards. On May 18, 2006
a Notice of Violation was issued for the unapproved steam impact. On November 30, 2006 a
Notice of Violation and Notice of Recommendation for Enforcement was issued to Mr.
Maksimenko'for his failure to resolve the noted violations. On January 5, 2007, Mr. Alan
Johnson met at the site with the Mr. Maksimenko to discuss the issues at the site. As of this
date, the Mr. Maksimenko has provided no documentation that the violations have been
corrected.

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
MR. YURRIY MAKSIMENKO
LOT #11, WEDDINGTON FOREST S/D
FOR VIOLATIONS OF
15A NCAC 2B .0211(2)
AND 401 WATER QUALITY
CERTIFICATION (NCAC 02H .0500)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. 2006-OP-00 15
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVI_ L PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality (DWQ), I,
Tom Reeder of the DWQ, make the following:
I. FINDING OF FACT
A. Mr. Yurriy Maksimenko is the owner of record for the tract identified as Lot #11,
Weddington Forest S/D located on Newtown Road in Union County, North
Carolina.
B. On May 9, 2006, staff of DWQ's Mooresville Regional Office (MRO) conducted an
investigation at the subject site and noted that in excess of 150 linear feet (If) of
stream (Class C Waters) had been relocated to allow room for the construction of a
house on the lot.
C. On May 18, 2006, DWQ issued a Notice of Violation to Mr. Maksimenko for
failure to obtain a 401 Water Quality Certification pursuant to NCAC 2B .0500
and for the removal of best usage of waters of the state (NCAC 02B .0211 (2)).
D. On September 13, 2006, DWQ issued an Ongoing Notice of Violation to Mr.
Maksimenko and requested a plan indicating the location of the stream priorto
its relocation, that the riparian area adjacent to the stream be stabilized and
suggested that an experienced professional be retained to address restoring the
stream.
E. On November 30, 2006, DWQ issued an Ongoing Notice of Violation with a
Recommendation for Enforcement to Mr. Maksimenko for his failure to properly
respond in a timely manner to resolve the issue.
F. On January 5, 2007, staff of the MRO met with Mr. Maksimenko to discuss the
issues at the site and resolve the violations. At that time staff requested copies of
the Army Corp of Engineers after -the -fact permit for the stream relocation. It has
not been received.

G. The unnamed tributary to the West Fork of Twelve Mile Creek is located within
and adjacent to the boundaries of the tract known as Weddington Forest
subdivision and is. Class C Waters of the State within the Catawba River Basin.
H. The cost to the State of the enforcement procedures in this matter totaled
$ 637.08.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Mr. Yurriy Maksimenko is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to the West Fork of Twelve Mile Creek constitutes waters
of the State within the meaning of G.S. 143-212(6).
C. Under NCAC 2B .0500 a 401 Water Quality Certification (written approval) is
required to impact greater than 150 if of stream and/or failure to meet any
condition of General Certification #3402.
D. Mr. Maksimenko violated North Carolina Administrative Code 15A 2B .0211 (2)
(Preclusion of Best Usage) due to the improper relocation of the stream, which
(Condition # 8 of General Certification #3402) resulted in the destruction of
aquatic plant/aniinal habitats.
E. Mr. Maksimenko violated North Carolina Administrative Code 15A 2H .0500
(401 Water Quality Certification) for failing to receive written approval for the
relocation in excess of 1501f of stream.
F. Mr. Maksimenko may be assessed civil penalties,in this matter pursuant to G.S.
143-215.6A(a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 143-215, 143-215.1, or 143-215.3.
G. Mr. Maksimenko may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a
person who is required but fails to apply for or to secure a permit required by
G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit or any other permit or certification
issued pursuant to authority conferred by this Part.
H. The State's enforcement cost in this matter may be assessed against the violator
pursuant to G.S. 1437215.3(a)(9) and G.S. 14313-282(b)(8).
I. Tom Reeder of the DWQ, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
DWQ, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION
Accordingly, Mr. Yurriy Maksimenko is hereby assessed a civil penalty of:
$
for violation of 15A NCAC 213 .0211 (2) (Preclusion of Best
Usage) for the failure to restore the stream's pattern, dimension,
and profile.
$
for violation of 15A NCAC 21-1.0500 for failure to receive
written approval (401 Water Quality Certification) for the
relocation of 1501f of stream.
$
TOTAL CIVIL PENALTY
$ 637.08
Enforcement Cost
$
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors
set out in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4). The cost of rectifying the damage;
(5)_ The amount of money saved by noncompliance;
(6) Whether the violations were- committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date Tom Reeder
Division of Water Quality

SURFACE WATER PROTECTION SECTION
ENFORCEMENT CASE FACTORS
Type: Violations of 401 Water Quality Certification and Water Quality
Standards
Violator: Mr. Yurriy Maksimenko
Address: 4610 Odessa Place
Monroe, NC 28110
Location: Weddington Forest Subdivision
Newtown Rd.
Union County
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of the State, to the'public health,
or to private property resulting from the violations;
Approximately 160 linear feet (If) of stream was relocated (ditched) to provide more
area for the construction of a house and "yard".
2. The duration and gravity of the violations;
The initial impact was observed in May 2006 (i.e. 8 months ago). The response to
rectifying the impact has been slow.
3. The effect on ground or surface water quantity or quality or on air quality;
The ditching of the stream destroyed the stream's integrity. As such, the riffle pools,
streambed substrate, and the respective biotic habitat available for aquatic life were
removed.
4. , The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to determine. The
primary costs would result from the restoration of the stream channel. The cost
associated with damage to aquatic habitats and the time for the stream to function as it
did prior to the impact is unknown.
5. The amount of money saved by noncompliance;
.The dollar amount is unknown.
6. Whether the violations were committed willfully or intentionally; .
The stream was relocated to provide an area for a house and more "yard'
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
The Mooresville Regional Office/DWQ has no record of any previous enforcement
actions against Mr. Maksimenko.

8. The cost to the State. of the enforcement procedures.
Central Office Review and Processing = $ 100.00
20.0 hours by investigators for investigating and
drafting report(s) @ 20.10/hr. _ $ 402.20
3.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. _ $ 119.88
1 hour for clerical support @ $15.00/hr. _ $ 15.00
TOTAL = $ 637.08.
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Maksimenko is an individual in the business of constructing homes for sale.
10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
Mr. Maksimenko has been slow to act in rectifying the violations at the site.
11. Mitigating circumstances:
Mr. Maksimenko states that he contacted the Mooresville Regional Office regarding
relocating the stream: And was under the impression that he was within the rules.
However, the stream was "ditched" and not reconstructed during the relocation.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: UTs to Class C Waters
c) Damage: Stream standard violations, 401 Water Quality Certification

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n / l
O�QF W A TFiQpG Michael F. Easley Gove
� .y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
November 30, 2006
Mr. Yurriy Maksimenko
4610 Odessa Place
Monroe, NC 28110
Subject: Ongoing Notice of Violation and
Notice of Recommendation For Enforcement
Incident #: 200601472-
Tracking No.: NOV-2006-OP- 0015
Lot #11, Weddington Forest S/D
Union County, NC
Dear Mr. Maksimenko:
On May 18, 2006, this Office issued a Notice of Violation (NOV) for a stream impact observed at lot 11 in
the Weddington Forest Subdivision.' Following a site visit on September 11g, a second Notice was issued on
September 13th requesting immediate action on the following:
■ A plat submitted to this Office indicating the location of the stream channel prior to it being
relocated.
■ A silt fence installed 15 ft. from the current stream channel and the area between the stream
channel and silt fence stabilized (seed and straw).
■ Contact Mr. Johnson (704-663-1699) to meet at the site to discuss corrective measures. It is
was also suggested that a consultant experienced in stream restoration be retained prior to the
meeting.
You were advised in the May 18t11 and September 13th NOVs that the failure to take appropriate actions
would result in an enforcement recommendation. As of this date a plat of the site has not been submitted, nor
has a site visit been scheduled.
Be advised that this violation 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 prompt attention to this matter. If you have any
questions, please do not hesitate to contact Mr. Johnson or me at [phone].
Sincerely,
Michael L. Parker
Acting Regional Supervisor
Surface Water Protection
cc: Land Quality, MRO
US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Central File
N°oAhCarolina
Nawrldlif
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

A TFi4Q - Michael F. Eas , Gov
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
September 13, 2006
Mr. Yurriy Maksimenko
4610 Odessa Place
Monroe, NC 28110
Subject: Ongoing Notice of Violation
Incident #: 200601472
Tracking No.: NOV-2006-OP- 0015
Lot #11, Weddington Forest S/D
Union County, NC
Dear Mr. Maksimenko:
On May 18, 2006, this office issued a Notice of Violation (NOV) for the stream impact observed at lot 11 in
the Weddington Forest Subdivision. Specifically, approximately 160 linear feet of stream had been relocated at the
site. On September 11, 2006, Mr. Alan Johnson of this office conducted an inspection of the site to determine if the
stream had be restored as requested in the NOV. Based on his inspection no restoration work had been conducted.
It is requested that the following actions be taken immediately:
A plat indicating the location of the stream channel prior to being relocated be submitted to this
office.
A silt fence be installed 15 ft. from the current stream channel and the area between the stream
channel and silt fence stabilized (seed and straw).
Contact Mr. Johnson (704-663-1699) to meet at the site to discuss corrective measures. It is
suggested that a consultant experienced in stream restoration be retained prior to the meeting.
Failure to take appropriate actions will result in an enforcement recommendation. Be advised that this violation
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 prompt attention to this matter. If you have any questions, please do not hesitate to
contact Mr. Johnson or me at [phone].
Sincerely,
D. Rex Gleason; P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO
US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Central File
Ane Carolina
Now aitlndif
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Yurriy Maksimenko
4610 Odessa Place
Monroe, NC 28110
Dear Mr. Maksimenko:
Michael F. Easley(t�'iove. Arv-
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 18, 2006
7003 2260 0001 3493 9160
Subject: Notice of Violation
Incident #: 200601472
Tracking No.: NOV-2006-OP- 0015
Lot #258, Monarchos Ct.
Weddington Forest
Union County, NC
In response to a referral from the Division of Land Resources (DLR), Mr. Barry Love of this office
conducted an investigation at the subject site on May 9, 2006. During the investigation he noted that
approximately 160 linear feet of stream had been relocated at the site. A review of our files failed to show
approval from the Division of Water Quality for this impact. Therefore, this letter is being issued as a
j Notice of Violation for failure to obtain a 401 Water Quality Certification pursuant to 15A North Carolina
Administrative Code (NCAC) 02B .0500 for the unapproved stream relocation and for the "removal of best
usage" pursuant to 15A NCAC 2B .0211 (2) which includes the removal of "...aquatic life propagation
and maintenance of biological integrity, wildlife, secondary recreation, and agriculture ... "..
Be advised that while the threshold for reporting stream impacts (relocation in this case) is required
for impacts exceeding 150 linear ft., the relocation must be in accordance with proper procedures and
design. In this case the ditching of the channel is not acceptable. The stream must be returned to its
original channel (grade and elevation). The original channel must be restored utilizing natural stream
design guidelines or similar techniques. It is strongly recommended that a person with experience in such
matters be consulted.
It is requested that a written response be submitted to this office by May 30, 2006 indicating
the actions taken to correct the noted violation. A design for restoring the stream should be included
with your response. Please note that this violation and any future violations are subject to civil penalty
assessments of up to $25,000.00 per day for each violation.
NNo e hCarolina
aturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Thank you for your prompt attention to this matter. If you have any questions, please do not
hesitate to contact Mr. Johnson. or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO, Martineau
US Army Corps of Engineers
Danny Smith— Compliance/Enforcement
Central File

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4276 81{(1.276PG0867
0867
FILED
UNION COUNTY
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Aug 25, 2006
AT 08:32 am
BOOK 04276
START PAGE 0867
END PAGE 0868
INSTRUMENT# 38816
EXCISE TAX (None)
TRB
Excise Tax S0.00 Recording Time, Book and Page
Tax Lot No. Parcel Identifier No. 06.156-369
Veriftedby _UNION__________Countyonthe day of2006 _
by------------- -- — -----
NCA457763-1 CHN
Mail after recording to YURJyP1AKSJN1KNKq AND NONNA D MAKSIMENKO _--_—_
1600 SHIMRON LANE, LOT I l 11EDDINCTON FORESTiWAXHAWr NC 28173
This instrument was prepared by LISA F. JARVIS. ATTORNEY AT LAW
Brief description for the Index `--LOT 11 WEDDINGTON FOREST — j
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 23RO day of AUGUST------------ _2006 _, by and between
GRANTOR
BORIS DZYK AND WIFE, NINA DZYK AND YURIY
MAKS@7FNKO AND WIFE, NONNA D. MAKSI,MENKO
GRANTEE
YURIY S7AKSIMENKO AND -WIFE,
INONNA D"MAKSIMENKO`D
PROPERTY ADDRESS:
1600 SHIMMRON LANE, LOT I W EDDINGTON FOREST
WAXHAW, NC 28173
Enter in appropriate block for each party: name, address, and, ifappropriate, character of cmity, e.g. corporation or panncrship.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of — WAXHAW _ _— — Township,
County, North Carolina, and more particularly described as follows:
All that certain lot or parcel of land situated in the County of UNION, State of North Carolina, more particularly described as follows:
BEING ALL OF LOT I OF WEDDINGTON FOREST SUBDIVISION AS SHOWN ON A MAP THEREOF RECORDED
IN PLAT CABINET 1 AT FILE 617, UNION COUNTY, NORTH CAROLINA PUBLIC REGISTRY; REFERENCE TO
WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
Together with and subject to any and all covenants, conditions, restrictions, reservations, easements and rights -of -way of public
record.

4276
0868
r '
The property hereinabova described was acquired by Grantor by ins urnent recorded in BOOK 7900 AT PAGE 693
A soap showing the above described property is recorded in Plat Cab. ' 1 File 617
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
he simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of a0 encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hercinabove described Is
subject to the following exceptions:
APPLICABLE ZONING; ANY EASEMENTS AND RIGHTS OF WAY FOR SERVICE LINES, ROADS AND
UTILITIES AS MAY BORDER OR CROSS THE PROPERTY, INCLUDING THE SUBDIVISION STREETS
AS SHOWN ON RECORDED PLAT; ANY EASEMENTS RESERVED IN THE RESTRICTIVE COVENANTS,
INCLUDING HOMEOWNERS ASSOCIATION PROVISIONS; APPLICABLE RESTRICTIVE COVENANTS
OF RECORD AND STREET ASSESSMENTS; 2006 REAL PROPERTY TAXES; SUBJECT TO MATTERS
THAT COULD BE REVEALED BY AN ACCURATE AND CURRENT. PHYSICAL SURVEY AND
BOUNDARY SURVEY OF THE PROPERTY.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be
signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the
day and year first above written.
Er� (SEAS.)
(Entity Name) L .YR�.ir:BZ K .
By. (SEAL)
NIN K
ITS U v (SEAL)
.3 MARSIMENKO
_tA (SEAL)
' NO N D. P
LA IMENIC0
.� • SEAL -STAMP NORTH CAROLINA, 0' `J"L County. ), _
' ` f, a Notmy Public of the Contyend Stare eforesai4 ceriffythat BiVRIS D lC
. r:/� _ � /✓in/fi D�Y�r �GIRIY/I'AKSiMtN/COr/✓Gnna. i7. AkSi.+kLs/CO
d personally appeared t,cforc me This day on acknowledged the exaction oLth farcgaing hnsnument. Wimes my
hand and official amnp c r aral, this A3 day of W47.'A II106
. My commission expires:ff� Yxntmy Puhxa
SIALSTAW NORTH CAROLINA, County.
1. a Notary Public ofthe County and State aforesaid, certify that '
personally came before me rids day and wmowledged that _ he is of
a Nonh Carolina or carporaxnr✓
' limiredliabilitycompany/zmcrall3aNaship/lim[udpamasMp(saikednmoghuheinoppticable), imilthatby
m aurhurity duly given as arc ad of such entity, _he Signed ne foregoing instrument in its narae and on Us behalf
:5 as its act and dad
Witness my hand and official stamp ar seal, this day of 2006.
My commission expires: I'otary Public
The foregoing Cmirwaft(s)
isiare certified to be correct This instrument end this certificate are duly registered at the date and time and in the Book and Page shown
on the first page hereof.
By
REGISTER OF DEEDS FOR UNION COUNTY
Deputy/Asskram — Register of Deeds
N
rn
O
M
M
co

map Output
Page 1 of 1
Union County Parcels
This map is prepared for the inventory of real property found within Union County, NC and is compiled from recorded deeds, plats, and other
public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted
for verification of the information contained on this map. Union County and the mapping companies assume no legal responsibilies for the
information contained on this map. Grid based on the North Carolina State Plane Coordinate System All dirninsions in feet The current date is:
2/13/2007 The data effective date is: January 1, 2005
i
http://maps. co.union.nc.us/servlet/com.esri.esrimap.Esrimap?ServiceName=SDXContours&Client... 2/13/2007

O�0� W AT �
r
0 �
Yuriy Maksimenko
1600 Shimron Lane
Waxhaw, NC 28173
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 13, 2007
SUBJECT: Assessment of Civil Penalties
Yuriy and Nonna D Maksimenko
Lot 11 Weddington Forest
Union County
Case No. OP-2007-0004
Dear Mr. and Mrs. Maksimenko: .
Alan W. Klimek, P.E. Director
Division of Water Quality
CER�`�IFIED'N�A�ILy"k��`�a;l�r, .
IZDT N RECE11ft_ 6MSTED
7003 2260,10005 5382-9. j1rt-11jF
MAR 1 5 2007
This letter transmits notice of a civil penalty assessed against Yuriy and Nonna D Maksimenko
in the amount of $4,637.08, which includes $637.08 in investigative costs. Attached is a copy of
the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department af-Enviromnent and Natural Resourt;e-g-at-d-the-Director ofthe Utvi-sto -of—
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2-' File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents will result in this matter being referred to the Attorney
General's Office with a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit Payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DENR). Payment of the penalty will not foreclose further enforcement action
for any continuing or new violation(s). Do not include the attached waiver form if
making payment. Payment must be sent within 30 calendar days of receipt of this notice
to the attention of,
NP10 Carolina
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC, 27604 Fax [phone] .
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper -

Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 2 of 3
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute. You must execute
and return to this office the attached "Waiver of Right to an Administrative Hearing and
Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
For this option you must file your request for remission of civil. penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the attention of:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 — File a written petition to the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a petition
for a contested case hearing. This must be in the form of a written petition to the Office
of Administrative Hearings and must conform to Chapter 150B of the North Carolina
General Statutes. For further information, please refer to the Office of Administrative
Hearings website (http://www.ncoah.com/). .
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:

l
Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 3 of 3
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and to:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The violations addressed by this assessment and any impacts to waters must be abated. You are
encouraged to contact Alan Johnson with the DWQ Mooresville Regional Office. at (704) 663-
1699 if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the
scope of this specific assessment.
If you have any questions, please contact Karen Higgins at [phone] extension 574 or
Danny Smith at [phone] extension 353.
ter Quality
ATTACHMENTS
cc: Jahnson�WQ=Mo-oresvi�lle Regional- ceffi
Z� Khan — DLR Mooresville Regional Office Supervisor
Steve Chapin — US Army Corps of Engineers, Asheville Regulatory Field.Office, 151 Patton
Avenue, Room 208; Asheville, North Carolina 28801-5006
Danny Smith - DWQ NPS Assistance & Compliance Oversight Unit Supervisor
Water Quality Central Files
Susan Massengale, PIO

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OP-2007-0004 County: Union
Assessed Party: Yuriy and Norma D Maksimenko
Permit No. (if applicable): Amount Assessed: $4,637.08
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearin, and Stipulation of
Facts" .form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of . an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent. you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Union
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Yuriy and Nonna D Maksimenko ) STIPULATION OF FACTS
CASE NO. OP-2007-0004
Having been assessed civil penalties totaling $ 4,637.08 for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated
February 26, 2007 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
The undersigned. further understands that all evidence presented in support of remission
of this civil penalty`must be submitted to the Director of the Division of Water Quality within
thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support
of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil
i
penalty assessment.
This the day of .20
NAME (printed)

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
YURIY AND NONNA D MAKSIMENKO
FOR VIOLATIONS OF
NCGS.143-215.1(a),
15A NCAC 2B -.0211(2),
15A NCAC 2H .0501, and .
15A NCAC 2H .0502
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
CASE NO. OP-2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-215.6A, I, Tom Reeder, of the Division of
Water Quality (hereby known as DWQ), make the following:
FINDING OF FACT
A. Yuriy and Nonna D Maksimenko are the owners of record of 1600 Shimron Lane, Lot 11
Weddington Forest, located in Waxhaw in Union County, North Carolina.
B. On May 9, 2006, DWQ staff conducted an investigation at the subject site and observed
approximately .160 linear feet of stream impacts from the placement of earthen fill,
excavation, and relocation of the stream.
C. Title 15A North Carolina Administrative Code 2B .0211 (2) requires 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."
D. A review of DWQ files confirmed that no 401 Water Quality Certification or Individual -
Permit or Certificate of Coverage to operate under a General Permit has been issued for
the impacts that have occurred on. the tract.
E. Title 15A North Carolina Administrative Code 2H .0501 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities
will result in a discharge into navigable waters, including wetlands, as described in 33
CFR Part 323.
F. Title 15A North Carolina Administrative Code 2H .0502 states any person desiring
issuance of the, State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality.
G. The impacts occurred to an unnamed tributary to the West Fork of Twelve Mile Creek,
Class C waters within the Catawba River Basin.

Yuriy and Nonna D Maksimenko
Union County
Page 2 of 3
H. The cost to the State of the enforcement procedures in this matter totaled $637.08.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Yuriy and Nonna D Maksimenko is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 14.3-212 (4).
B. The unnamed tributary to the West Fork of Twelve Mile Creek located at the site
constitutes waters of the State within the meaning of G.S. 143-212 (6).
C. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2B
.0211 (2) by impacts to approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream.
D. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2H
.0501 and .0502 by impacting approximately 160 linear feet of stream from the
placement of earthen fill, excavation, and relocation of the stream without first applying
for and securing the issuance of a 401 Water Quality Certification as required by Section
401 of the Federal Water Pollution Control Act
E. Yuriy and Nonna D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person
who violates any classification, standard, limitation, or management practice established
pursuant to'G.S. 143-214.1, 143-214.2, or 143-215.
F. Yuriy and Nonna D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides that;a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of
such permit or any other, permit or certification issued pursuant to authority conferred by
this Part.
G. Yuriy and Norma D Maksimenko may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates a rule of
the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k).
H. The State's enforcement cost in this matter may be assessed against Yuriy and Nonna D
Maksimenko pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282 (b)(8).
I. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, has the authority to assess civil penalties in this matter.

r
Yuriy and Nonna D Maksimenko
Union County
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Yuriy and Nonna D Maksimenko is hereby assessed a civil penalty of:
$ ,;1 000. 0 0 for one (1) violation of Title 15A NCAC 213 .0211 (2) by impacts to
approximately 160 linear feet of stream from the placement of earthen
fill, excavation, and relocation of the stream
for one (1) violation of Title 15A NCAC 2H .0501 and .0502 by
impacting approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream without first
applying for and securing the issuance of a 401 Water Quality
Certification
$ �/dbl� , 00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 637.08 Enforcement Cost
$ yG A7 • 0:?' TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out
in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality.,
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date
im Reeder
vision of Water Quality

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 26, 2007
Yuriy and Nonna D Maksimenko
4610 Odessa Place
Monroe, NC 28110
SUBJECT: Assessment of Civil Penalties
Yuriy and Nonna D Maksimenko
Lot 11 Weddington Forest
Union County
Case No. OP-2007-0004
Dear Mr. and Mrs.. Maksimenko:
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0005 53-83)604:3*iP�.t�v���ta„
MAR 0 12007
�! q
This letter transmits notice of a civil penalty assessed against Yuriy and Nonria�DMakme� tl '�i'�
in the amount of $4,637.08, which includes $637.08 in investigative costs. Attached -is a copy of
the assessment document explaining this penalty. -
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
i
including an additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents will result in this matter being referred to the Attorney
General's Office with a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit pavment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DENR.). Payment of the penalty will not foreclose further enforcement action
for .any continuing or new violation(s). Do not include the attached waiver form if
making payment. Payment must be sent within 30 calendar days of receipt of this notice
to the attention of:
NorthCarolina
NatuMally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org- Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 2 of 3
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute. You must execute
and return to this office the attached "Waiver of Right to an Administrative Hearing and
Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
For this option you must file your request for remission of civil penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the attention of. -
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 — File a written petition to the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a petition
for a contested case hearing. This must be in the form of a written petition to the Office
of Administrative Hearings and must conform to Chapter 150B of the North Carolina
General Statutes. For further information, please refer to the Office of Administrative
Hearings website (http://www.ncoah:com/).
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:

Yuriy and Nonna D Maksimenko
Union County
Case No. OP-2007-0004
Page 3 of 3
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and to:
Mr. Danny Smith
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The violations addressed by this assessment and any impacts to waters must be abated. You are
encouraged to contact Alan Johnson with the DWQ Mooresville Regional Office at (704) 663-
1699 if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the
scope of this specific assessment.
If you have any questions, please contact Karen Higgins at [phone] extension 574 or
Danny Smith at [phone] extension 353.
ter Quality
cc: uAlkn JOhn%.n DW lYloo esu lle Regi+onalYO:ffiee
Zahid Khan — DLR Mooresville Regional Office Supervisor
Steve Chapin — US Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, North Carolina 28801-5006
Danny Smith - DWQ NPS Assistance & Compliance Oversight Unit Supervisor
Water Quality Central Files
Susan Massengale, PIO

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: OP-2007-0004 County: Union
Assessed Party: Yuriy and Norma D Maksimenko
Permit No. (if applicable): Amount Assessed: $4,637.08
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearinz, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent. you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF Union
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER'OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Yuriy and Nonna D Maksimenko ) STIPULATION OF FACTS
CASE NO. OP-2007-0004
Having been assessed civil penalties totaling $ 4,637.08 for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated
February 26, 2007 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support
of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil
penalty assessment.
This the day of , 2
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
YURIY AND NONNA D MAKSIMENKO
FOR VIOLATIONS OF
NCGS.143-215.1(a),
15A NCAC 2B .0211(2),
15A NCAC 2H .0501, and
15A NCAC 2H .0502
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
CASE NO. OP-2007-0004
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-215.6A, I, Tom Reeder, of the Division of
Water Quality (hereby known as DWQ), make the following:
I. FINDING OF FACT
A. Yuriy and Nonna D Maksimenko are the owners of record of 1600 Shimron Lane, Lot 11
Weddington Forest, located in Waxhaw in Union County, North Carolina.
B. On May 9, 2006, DWQ staff conducted an investigation at the subject site and observed
approximately 160 linear feet of stream impacts from the placement of earthen fill,
excavation, and relocation of the stream.
C. Title 15A North Carolina Administrative Code 2B .0211 (2) requires 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."
D. A rev iew.of DWQ files confirmed that no 401 Water Quality Certification or Individual -
Permit or Certificate of Coverage to operate under a General Permit has been issued for
the impacts that have occurred on the tract.
E. Title 15A North Carolina Administrative Code 2H .0501 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities
will result in a discharge into navigable waters, including wetlands, as described in 33
CFR Part 323.
F. Title 15A North Carolina Administrative Code 2H .0502 states any person desiring
issuance of the State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality.
G. The impacts occurred to an unnamed tributary to the West Fork of Twelve Mile Creek,
Class C waters within the Catawba River Basin.

i
Yuriy and Nonna D Maksimenko
Union County
Page 2 of 3
H. The cost to the State of the enforcement procedures in this matter totaled $637.08.
Based upon the above Finding of Fact, I make the following:
Ii. CONCLUSION OF LAW
A. Yuriy and Norma D Maksimenko is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. The unnamed tributary to the West Fork of Twelve Mile Creek located at the site
constitutes waters of the State within the meaning of G.S. 143-212 (6).
C. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2B
.0211 (2) by impacts to approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream.
D. On one (1) occasion, Yuriy and Nonna D Maksimenko violated Title 15A NCAC 2H
.0501 and .0502 by impacting approximately 160 linear feet of stream from.the
placement of earthen fill, excavation, and relocation of the stream without first applying
for and securing the issuance of a 401 Water Quality Certification as required by Section
401 of the Federal Water Pollution Control Act
E. Yuriy and Nonna D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person
who violates any classification, standard, limitation, or management practice established
pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
F. Yuriy and Norma D Maksimenko may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides that a civil penaltyrof not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of
such permit or any other permit or certification issued pursuant to authority conferred by
this Part.
G. Yuriy and Norma D Maksimenko may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates a rule of
the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k).
H. The State's enforcement cost in this matter may be assessed against Yuriy and Noma D
Maksimenko pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8).
I. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, has the authority to assess civil penalties in this matter.

Yuriy and Nonna D Maksimenko
Union County
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Yuriy and Nonna D Maksimenko is hereby assessed a civil penalty of:
,-1000 - O 0 for one (1) violation of Title 15A NCAC 2B .0211 (2) by impacts to
approximately 160 linear feet of stream from the placement of earthen
fill, excavation, and relocation of the stream
$ hod o • o O for one (1) violation of Title 15A NCAC 2H .0501 and .0502 by
impacting approximately 160 linear feet of stream from the placement of
earthen fill, excavation, and relocation of the stream without first
applying for and securing the issuance of a 401 Water Quality
Certification
$ yaoy • 00
$ 637.08
$ Yol37 . afl
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out
in G.S. 14313-282.1(b),.which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to'comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
'7
Date
Reeder
ion of Water Quality

? SURFACE WATER PROTECTION
January 13, 2007
Memorandum:
TO: Danny Smith
FROM- John Lesley
PREPARED BY: Alan D. Johnson !
SUBJECT: Enforcement Recommendation
Mr. Yurriy Maksimenko
Lot #11, Weddington Forest S/D
Violations of 15A NCAC 213 .0211 (2) and
15A NCAC 2H .0500 (401 Water Quality Certification)
Union County, NC
Enclosed is an enforcement recommendation package for the subject site for violation of
General Certification 3402 and violation of water quality stream standards. On May 18, 2006
a Notice of Violation was issued for the unapproved steam impact. On November 30, 2006 a
Notice of Violation and Notice of Recommendation for Enforcement was issued to Mr.
Maksimenko 'for his failure to resolve the noted violations. On January 5, 2007, Mr. Alan
Johnson met at the site with the Mr. Maksimenko to discuss the issues at the site. As of this
date, the Mr. Maksimenko has provided no documentation that the violations have been
corrected.

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
MR. YURRIY MAKSIMENKO
LOT #11, WEDDINGTON FOREST S/D
FOR VIOLATIONS OF
15A NCAC 2B .0211(2)
AND 401 WATER QUALITY
CERTIFICATION (NCAC 02H .0500)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. 2006-OP-00 15
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality (DWQ), I,
Tom Reeder of the DWQ, make the following:
I. FINDING OF FACT
A. Mr. Yurriy Maksimenko is the owner of record for the tract identified as Lot # 11,
Weddington Forest S/D located on Newtown Road in Union County, North
Carolina.
B. On May 9, 2006, staff of DWQ's Mooresville Regional Office (MRO) conducted an
investigation at the subject site and noted that in excess of 150 linear feet (If) of
stream (Class C Waters) had been relocated to allow room for the construction of a
house on the lot.
C. On May 18, 2006, DWQ issued a Notice of Violation to Mr. Maksimenko for
failure to obtain a 401 Water Quality Certification pursuant to NCAC 2B .0500
and for the removal of best usage of waters of the state (NCAC 02B .0211 (2)).
D. On September 13, 2006, DWQ issued an Ongoing Notice of Violation to Mr.
Maksimenko and requested a plan indicating the location of the stream prior to
its relocation, that the riparian area adjacent to the stream be stabilized and
suggested that an experienced professional be retained to address restoring the
stream.
E. On November 30, 2006, DWQ issued an Ongoing Notice of Violation with a
Recommendation for Enforcement to Mr. Maksimenko for his failure to properly
respond in a timely manner to resolve the issue.
F. On January 5, 2007, staff of the MRO met with Mr. Maksimenko to discuss the
issues at the site and resolve the violations. At that time staff requested copies of
the Army Corp of Engineers after -the -fact permit for the stream relocation. It has
not been received.

G. The unnamed tributary to the West Fork of Twelve Mile Creek is located within
and adjacent to the boundaries of the tract known as Weddington Forest
subdivision and is. Class C Waters of the State within the Catawba River Basin.
H. The cost to the State of the enforcement procedures in this matter totaled
$ 637.08..
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Mr. Yurriy Maksimenko is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. The unnamed tributary to the West Fork of Twelve Mile Creek constitutes waters
of the State within the meaning of G.S. 143-212(6).
C. Under NCAC 213 .0500 a 401 Water Quality Certification (written approval) is
required to impact greater than 1501f of stream and/or failure to meet any
condition of General Certification #3402.
D. Mr. Maksimenko violated North Carolina Administrative Code 15A 2B .0211 (2)
(Preclusion of Best Usage) due to the improper relocation of the stream, which
(Condition # 8 of General Certification #3402) resulted in the destruction of
aquatic plant/aniinal.habitats.
E. Mr. Maksimenko violated North Carolina Administrative Code 15A 2H .0500
(401 Water Quality Certification) for failing to receive written approval for the
relocation in excess of 1501f of stream.
F. Mr. Maksimenko may be assessed civil penalties -in this matter pursuant to G.S.
143-215.6A(a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 143-215, 143-215.1, or 143-215.3.
G. Mr. Maksimenko may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a
person who is required but fails to apply for or to secure a permit required by
G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit or any other permit or certification
issued pursuant to authority conferred by this Part.
H. The State's enforcement cost in this matter may be assessed against the violator
pursuant to G.S. 143 215.3(a)(9) and G.S. 14313-282(b)(8).
Tom Reeder of the DWQ, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
DWQ, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION
Accordingly, Mr. Yurriy Maksimenko is hereby assessed a civil penalty of:
$
for violation of 15A NCAC 213 .0211 (2) (Preclusion of Best
Usage) for the failure to restore the stream's pattern, dimension,
and profile.
$
for violation of 15A NCAC 21-1.0500 for failure to receive
written approval (401 Water Quality Certification) for the
relocation of 1501f of stream.
$
TOTAL CIVIL PENALTY
$ 637.08
Enforcement Cost
$
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors
set out in G.S. 14313-282.l(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5)_ The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date
Tom Reeder
Division of Water Quality

SURFACE WATER PROTECTION SECTION
ENFORCEMENT CASE FACTORS
Type: Violations of 401 Water Quality Certification and Water Quality
Standards
Violator: Mr. Yurriy Maksimenko
Address: 4610 Odessa Place
Monroe, NC 28.110
Location: Weddington Forest Subdivision
Newtown Rd.
Union County
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations; -
Approximately 160 linear feet (If) of stream was relocated (ditched) to provide more
area for the construction of a house and "yard".
2. The duration and gravity of the violations;
The initial impact was observed in May 2006 (i.e. 8 months ago). The response to
rectifying the impact has been slow.
3. The effect on ground or surface water quantity or quality or on air quality;
The ditching of the stream destroyed the stream's integrity. As such, the riffle pools,
streambed substrate, and the respective biotic habitat available for aquatic life were
removed.
4. , The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to determine. The
primary costs would result from the restoration of the stream channel. The cost
associated with damage to aquatic habitats and the time for the stream to function as it
did prior to the impact is unknown.
5. The amount of money saved by noncompliance;
.The dollar amount is unknown.
6. Whether the violations were committed willfully or intentionally; .
The stream was relocated to provide an area for a house and more "yard".
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
The Mooresville Regional Office/DWQ has no record of any previous enforcement
actions against Mr. Maksimenko.

8. The cost to the State of the enforcement procedures.
Central Office Review and Processing = $ 100.00
20.0 hours by investigators for investigating and
drafting report(s) @ 20.10/hr. _ $ 402.20
3.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. _ $ 119.88
1 hour for clerical support @ $15.00/hr. _ S 15.00
TOTAL = $ 637.08 .
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Mr. Maksimenko is an individual in the business of constructing homes for sale.
10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
Mr. Maksimenko has been slow to act in rectifying the violations at the site.
11. Mitigating circumstances:
Mr. Maksimenko states that he contacted the Mooresville Regional Office regarding
relocating the stream: And was under the impression that he was within the rules.
However, the stream was "ditched" and not reconstructed during the relocation.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: UTs to Class C Waters
c) Damage: Stream standard violations, 401 Water Quality Certification

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F WATF «��
O�� RQG Michael F Easley Gove or n
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
7
Q Alan W. Klimek, P.E. Director,
Division of Water Quality
November 30, 2006
Mr. Yurriy Maksimenko
4610 Odessa Place
1
Monroe, NC 28110
1 Subject: Ongoing Notice of Violation and
Notice of Recommendation For Enforcement
Incident #: 200601472
Tracking No.: NOV-2006-OP- 0015
Lot #11, Weddington Forest S/D
Union County, NC
Dear Mr. Maksimenko:
On May 18, 2006, this Office issued a Notice of Violation (NOV) for a stream impact observed at lot 11 in
the Weddington Forest Subdivision.' Following a site visit on September 11t', a second Notice was issued on
September 13`h requesting immediate action on the following:
A plat submitted to this Office indicating the location of the stream channel prior to it being
relocated.
A silt fence installed 15 ft. from the current stream channel and the area between the stream
channel and silt fence stabilized (seed and straw).
Contact Mr. Johnson (704-663-1699) to meet at the site to discuss corrective measures. It is
was also suggested that a consultant experienced in stream restoration be retained prior to the
meeting.
You were advised in the May 18"' and September 13th NOVs that the failure to take appropriate actions
would result in an enforcement recommendation. As of this date a plat of the site has not been submitted, nor
has a site visit been scheduled.
Be advised that this violation 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 prompt attention to this matter. If you have any
questions, please do not hesitate to contact Mr. Johnson or me at [phone].
Sincerely,
Michael L. Parker
Acting Regional, Supervisor
Surface Water Protection
cc: Land Quality, MRO
US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Central File
N°tle Carolina
)VIdAmally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

W A TARO l j
Michael F. Eas ,ov Gm
Q William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
September 13, 2006
Mr. Yurriy Maksimenko
4610 Odessa Place
Monroe, NC 28110
Subject: Ongoing Notice of Violation
Incident #: 200601472
Tracking No.: NOV-2006-OP- 0015
Lot # 11, Weddington Forest S/D
Union County, NC
Dear Mr. Maksimenko:
On May 18, 2006, this office issued a Notice of Violation (NOV) for the stream impact observed at lot 11 in
the Weddington Forest Subdivision. Specifically, approximately 160 linear feet of stream had beenrelocated at the
site. On September 11, 2006, Mr. Alan Johnson of this office conducted an inspection of the site to determine if the
stream had be restored -as requested in the NOV. Based on his inspection no restoration work had been conducted.
It is requested that the following actions be taken immediately:
■ A plat indicating the location of the stream channel prior to being relocated be submitted to this
office.
■ A silt fence be installed 15 ft. from the current stream channel and the area between the stream
channel and silt fence stabilized (seed and straw).
■ Contact Mr. Johnson (704-663-1699) to meet at the site to discuss corrective measures. It is
suggested that a consultant experienced in stream restoration be retained prior to the meeting.
Failure to take appropriate actions will result in an enforcement recommendation. Be advised that this violation
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 prompt attention to this matter. If you have any questions, please do not hesitate to
contact Mr. Johnson or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO
US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Central File
None Carolina
Naiurrr!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterqualit .org FAX [phone]
y An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

\o�p< `RQG
Michael F. East ey f ovekv—,vi
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 ­,�
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Yurriy Maksimenko
4610 Odessa Place
Monroe, NC 28110
Dear Mr. Maksimenko:
Alan W. Klimek, P.E. Director
Division of Water Quality
May 18, 2006
7003 2260 0001 3493 9160
Subject: Notice of Violation
Incident #: 200601472
Tracking No.: NOV-2006-OP- 0015
Lot #258, Monarchos Ct.
Weddington Forest
Union County, NC
In response to a referral from the Division of Land Resources (DLR), Mr. Barry Love .of this office
conducted an investigation at the subject site on May 9, 2006. During the investigation he noted that
approximately 160 linear feet of stream had been relocated at the site. A review of our files failed to show
approval from the Division of Water Quality for this impact. Therefore, this letter is being issued as a
Notice of Violation for failure to obtain a 401 Water. Quality Certification pursuant to 15A North Carolina
Administrative Code (NCAC) 02B .0500 for the unapproved stream relocation and for the "removal of best
usage" pursuant to 15A NCAC 2B .0211 (2) which includes the removal of "...aquatic life propagation
and maintenance of biological integrity, wildlife, secondary recreation, and agriculture ...
Be advised that while the threshold for reporting stream impacts (relocation in this case) is required
for impacts exceeding 150 linear ft., the relocation must be in accordance with proper procedures and
design. In this case the ditching of the channel is not acceptable. The stream must be returned to its
original channel (grade and elevation). The original channel must be restored utilizing natural stream
design guidelines or similar techniques. It is strongly recommended that a person with experience in such
matters be consulted.
It is requested that a written response be submitted to this office by May 30, 2006 indicating
the actions taken to correct the noted violation. A design for restoring the stream should be included
With your response. Please note that this violation and any future violations are subject to civil penalty
assessments of up to $25,000.00 per day for each violation.
NorthCarolina
Ammmi!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Thank you for your prompt attention to this matter. If you have any questions, please do not
hesitate to contact Mr. Johrison..or me at (704) .663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO, Martineau
US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Central File

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4276 81(4 2 16 FIG 0 8 6 7
0867
FILED
UNION COUNTY
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Aug 25, 2006
AT 08:32 am
BOOK 04276
START PAGE 0867
END PAGE 0868
INSTRUMENT# 38816
EXCISE TAX (Nona)
TRB
Excise Tax S0.00 Recording Time, Book and Page
Tax Lot No. Parcel Identifier No. 06.156-369
Verified by _UNION _ County on the _ day of2006
by`-'--'------- — ------
NCA457763-1 CHN
Mail after recording to YURIY MAKSIMENKO AND NONNA D MAKSIMENKO
1600 SHIMRON LAN LOT 1I WEDDlNCTON FORESTa WAXHAW NC 73 2g1
This instrument was prepared by _LISA F. JARVIS, ATTORNEY AT LAW
Brief description for the IndexWEDDINCTON FOREST y
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this _ 23RR day of AUGUST 2006 , by and between
GRANTOR
BORIS DZYK AND WIFE, NINA DZYK AND YURIY
51AKSIMFNKO AND WIFE, NONNA D. MAKSIMENKO
GRANTEE
r!MKSIM URIY AENKO AND:WIFE,
ONNA D'MAKSIMENKO '�
PROPERTY ADDRESS:
1600 SHIMRON LANE, LOT 11 WEDDINGTON FOREST
WAXHAW,NC 28173
Enter in appropriate hlock for each party: name, address, and, if appmprate, character ofrntity, e.g. corporation or partnetship.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of _ WAXHAW _ _ Township,
UNION _ County, North Carolina, and more particularly described as follows:
All that certain lot or parcel of land situated in the County of UNION, State of North Carolina, more particularly described as follows:
BEING ALL OF LOT 11 OF WEDDINGTON FOREST SUBDIVISION AS SHOWN ON A MAP THEREOF RECORDED
IN PLAT CABINET I AT FILE 617, UNION COUNTY, NORTH CAROLINA PUBLIC,REGISTRY; REFERENCE TO
WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
Together with and subject to any and all covenants, conditions, restrictions, reservations, easements and rights -of -way of public
record.

4276 The property hereinabove described was acquired by Grantor by Instrument recorded in BOOK 3900 AT PAGE 693
0868 - -
A map showing the above described property is recorded in Plat Cab. ' I File 617
TO HAVE AND TO HOLD the aforesaid for or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grarace, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons wbomeoever except for the exceptions hereinafter stated. Title to the property herelnabove described Is
subject to the following exceptions -
APPLICABLE ZONING; ANY EASEMENTS AND RIGHTS OF WAY FOR SERVICE LINES, ROADS AND
UTILITIES AS MAY BORDER OR CROSS THE PROPERTY, INCLUDING THE SUBDIVISION STREETS
AS SHOWN ON RECORDED PLAT; ANY EASEMENTS RESERVED IN THE RESTRICTIVE COVENANTS,
INCLUDING HOMEOWNERS ASSOCIATION PROVISIONS; APPLICABLE RESTRICTIVE COVENANTS
OF RECORD AND STREET ASSESSMENTS; 2006 REAL PROPERTY TAXES; SUBJECT TO MATTERS
THAT COULD BE REVEALED BY AN ACCURATE AND CURRENT, PHYSICAL SURVEY AND
BOUNDARY SURVEY OF THE PROPERTY.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be
signed in its corporate name by its duly authorized officers and its scat to be beteunto affixed by authority of its Board of Directors, the
day and year first above written.
e� (SEAL)
(Entity Name) .„J 0 Kam'/� �,�i
By: _—_ �! .�1 34 � (SEAL)
ITS Q y (� (SEAL)
"rYURIY MAKSIMENKO
t-A (SEAL.)
• ' NO A IMENKO
J •' SEAL
STAMP NORTH CAROL.INA, /L% %Jl County.
? k a Notmy Public of the Cmmty and Stere eforesai4 ( D 2- . r
r'r� _ � � �✓/�✓A D�rK. �/G(Rr•Y/1AK3imE./✓kO �r/Onird- s7AkS;.+r✓�sICO
a et personally appeared before me this day an azkrwwledged theesavtion ofdtJ� foregoing btsmmtmt Wimess. my
=:' a hand and official slempar>ml, Ws3 day of LAST 20D6
My wmmisslon expires: �� �fi. I/� �L / Y Narery Public
SPAU.STAMP NORTH CAROL.INA, County.
1. a Notary Public of the Cowry and State aforesaid. certify that
personelly came before roe this day and etlmowledged that _ he is of
- a Noah Cerolioa or wrporetiont
limited liabilitycompany/amp p t mmWimited pzftmhip (strike through the innppliwble) , cod 0ruby
my audtodty duly siren u the ad of mch entity, _he signed the foregoing insaument in i6 name and on its behalf
j as its net and dad.
Witness my hand and official scamp or seal, this day of 2006,
My commission cxpues: I*aacty Public
The fmgoing Certifieate(s) of
islare certified to be correct This Instrument and this certificate are duly registered at the date and time and in the Book and Page shown
an the first page hereof.
By
REGISTER OF DEEDS FOR UNION COUNTY
Dcputy/Assistent - Register of Deeds
iV
'-O
Co
ON

Map Output
Page 1 of 1
Union County Parcels
s map is prepared for the inventory of real property found within Union County, NC and is compiled from recorded deeds, plats, and other
)lic records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted
verification of the information contained on this map, Union County and the mapping companies assume no legal responsibilies for the
)ration contained on this map. Grid based on the North Carolina Stale Plane Coordinate System All diminsions in feet The current date is:
3/2007 The data effective date is: January 1, 2005
I
http://maps.co.union.nc.us/servlet/com.esri.esrimap.Esrimap?S erviceName=SDXContours&Client... 2/ 13/2007

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Payment Remission • Petition
Collection Settlement Related Cases Comments Eve ants
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Summary
Related Violations PenaltyPssessed
Redieu+
Case Number'OP 2007-�0004 ..
NOV:
Save
Permit: Details...
SOC: AD: Detail=:...
Monitoring Report: Detai
Facility: Lot 258, Monarchos Ct.—� Details... Region: A400resville
County: Union
Owner: Maksimenko Yurriy
t_ataintain... Incident: 200601472
Details:;. Inspect Dt; L" ett,i
CentralOftice Login Date:
comments:
Unable to deliver F&D as of 8-10-07. Sent to Sheriff for delivery
_
9-25-07 SS. Green
card for Union Co Sheriff. 9l27W Maksimenko__
CentralOffice Contact: Higgins, Karen
_
called NPSACOU 10/01IOT
Recission of Assessment Penalty
r
Regional Contact: y --'
letter sent 10I29107
(reed 10l31I07) stating that considering th
_
Enforcement Contact:
Salutation for Letter:
Penalty Assessed Date: JOW6WO6
Remission Request:
EMC Hearing Date:
Letter Date: 102Y2612007
Remission Acknowledged: C�
Remission Amount:
Penalty Amount: $4000.00
Enf. Conf.Date:
EMC Results Received:
Damages:
Remission Amount:
Petition in OAH:
Enforcement Cost: $637.08_]
Enf. Conf. Letter Date: C�
Total Case Penalty: 1$4637.00
Facility Rcvd. Enf. Conf. Ltr.: L�
Remission Amount:
Facility Received F&D: 11010112007
Total Amount Due: $0.00__
Case to Collection:
Response Due By: 110l31f2007
Total Amount Paid:
Settlement Requested:
Case Closed: 10/29/2007 �:--
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CertQied Fee Ir
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(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
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MR YURRIY MAKS IMENK_ O , 'd %21
4610 ODESSA PLACE
MONROE. NC 281,10 ----------------
01, swp/aj 5/18/06-----------------
J

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rddressed to AM and Ms.

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Wt_ii�_ �.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Yurriy Maksimenko
4610 Odessa Place
Monroe, NC 28110
Dear Mr. Maksimenko:
Michael F. Easley► hove ,
William G. Ross Jr., Secretary -
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 18, 2006
7003 2260 0001 3493 9160
Subject: Notice of Violation
Incident #: 200601472
Tracking No.: NOV-2006-OP- 0015
Lot #258, Monarchos Ct.
Weddington Forest
Union County, NC
In response to a referral from the Division of Land Resources (DLR), Mr..Barry Love of this office
conducted an investigation at the subject site on May 9, 2006. During the investigation he noted that
approximately 160 linear feet of stream had been relocated at the site. A review of our files failed to show
approval from the Division of Water Quality for this impact. Therefore, this letter is being issued as a
Notice of Violation for failure to obtain a 401 Water Quality Certification pursuant to 15A North Carolina
Administrative Code (NCAC) 02B .0500 for the unapproved stream relocation and for the "removal of best
usage pursuant to 15A NCAC 213 .0211 (2) which includes the removal of "...aquatic life propagation
and maintenance of biological integrity, wildlife, secondary recreation, and agriculture ... ".
Be advised that while the threshold for reporting stream impacts (relocation in this case) is required
for impacts exceeding 150 linear ft., the relocation must be in accordance with proper procedures and
design. In this case the ditching of the channel is not acceptable. The stream must be returned to its
original channel (grade and elevation). The original channel must be restored utilizing natural stream
design guidelines or similar techniques. It is strongly recommended that a person with experience in such
matters be consulted.
It is requested that a -written response be submitted to this office by May,30, 2006 indicating
the actions taken to correct the noted violation. A design for restoring the stream should be included
with your response. Please note that this violation and any future violations are subject to civil penalty
assessments of up to $25,000.00 per day for each violation.
NorthCarolina
�atura!!t�
North Carolina Division of.Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Thank you for your prompt attention to this matter. If you have any questions, please do not
hesitate to contact Mr. Johnson or me at [phone].
Sincerely,
�7"/
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO, Martineau
US. Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Central File

0 Complete items 1, 2, and 3. Also complete
iterm 4 if Restricted Delivery is desired.
I Print your name and address on the reverse.
so that we can return the card to you.
0 Attach this card to the back of the mailplece,
or on the front if space permits.
I. Article Addressed to:
MR YURRIYMAKSIMENKO
4610 ODESSA PLACE
MONROE NC 28110
swp/aj -5/18/06
A.
✓ 13 Agent
X El Addressee
Received b (Printed Name) C. 7aof D lver)
'\mw-
b. Is delivery address different from item 1 ?' 13 Yes
If YES, enter delivery address below: 0 No
3. Service Type
0 Certified Mail E3 Express Mali
13 Registered E3 Return Receipt for Merchandise
11 Insured Mail El C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
"d b ,2260 0001 8493. 9160
cl 6-1 12A 11 r: b nh� om ...,, a-im

UNITED E W.0
°Sender: Please �]P+4in+his
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Ar
INCIDENR
SUITE 301
—_-'--- --_ '

Postage $
Cergtied Fee �" `T /
`P stmark
Retum Redept Fee
(Endorsement Q.Ued) � - e�' '
Reatdeted DelNery Fee
(EndorsemerrtRequired) ('
To
MR CHRIS MATHISEN
en THE MATHISEN COMPANY
6208 CREFT CIRCLE, SUITE 230---
orP 1NDIAN TRAIL NC 28079
O1N swp/aj 3/1/06

Certified Mail Provides: (esianaa)zoozeunr'oose-odsd
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valuables, please consider Insured or Registered Mall.
■ For an additional fee, a Return Receipt may be requested to provide proof o1
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mallpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
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■ For an additional fee, delivery may be restricted to the addressee of
addressee's authorized agent. Advise the clerk or mark the malipiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
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IMPORTANT: Save this receipt and present it when making an Inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Chris Mathisen
The Mathisen Company,
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
Dear Mr. Mathisen:
Michael F. Eas Gov4"'
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources V
Alan W. Klimek, P.E. Director
Division of Water Quality
March 1, 2006
7003 2260 00013492 8514
Subject: Notice of Violation and
Notice of Recommendation For Enforcement
Incident #: 200600593 & NOV-2006-CV- 0001
NCGO10000 and NCAC 02B .0211 (2)
Tuscany Subdivision
Union County, NC
In response to a referral from the Division of Land Resources (DLR), Mr. Alan Johnson and Ms. Polly
Lespinassee of this office conducted an investigation at the subject site on February 16, 2006. During the investigation it
was observed that in excess of 450 linear feet (If) of stream had been ditched. It was also observed'that "water" from a
sediment basin located at the upper reach of the.channel was being pumped into the stream without any filtering of the
sediment that had accumulated in the basin.
This letter is being issued as a Notice of Violation and Notice of Recommendation For Enforcement for failure to
obtain a 401 Water Quality Certification pursuant to 15A North Carolina Administrative Code (NCAC) 02H .0500 and for
the removal of best usage of the waters (NCAC 02B .0211 (2)) of the state for the unapproved impacts, as well as for the
failure to comply with your State General Stormwater Permit NCGO 10000, that was issued in June 2005 by the Division
of Water Quality upon approval of your Sediment and Erosion Control Plan.
Based on this office's inspection of the site, the following violations were found:
NCAC 02H .0500 — 401 Water Quality Certification
Impacts exceeding 150 linear feet of stream require approval from the DWQ. A review of DWQ files failed to
show any approvals issued for the subject site. Staff observed in excess of 4501f of stream that had been ditched.
NCAC 2B .0211 (2): Preclusion of Best Usage
The ditching of the stream resulted in the loss of use of the channel for aquatic wildlife. Specifically, 15A NCAC
2B .0211 (2) states that the preclusion of best usage, which includes "...aquatic life propagation and maintenance
of biological integrity, wildlife, secondary recreation, and agriculture ..." represents a water quality standard
violation.
Noe Carolina
� tur�r!!r�
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: nmaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

General Stormwater Permit NCG010000 - Condition Violations
Part I, Section A, #2: The permittee shall implement the sediment and erosion control plan that has
been approved by Development Services of Cabarrus County. Compliance with the approved plan is
considered a condition of this general permit. Any deviation from the approved plan shall be
considered a violation unless prior approval has been obtained from the approving authority.
Part I; Section B, #1: All erosion and sediment control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days and within 24 hours after any storm
event greater than 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site
and a record of the rainfall amounts and dates shall be kept by the. permittee.
Part I, Section B, #2: The operator shall keep a record of all inspections as required by Section B, #1
noted above. These records shall be made available to DWQ upon request.
Part I, Section C: During construction and until the.completion of the project and the establishment of
a permanent ground cover, the permittee shall provide the operation and maintenance necessary to
operate the storm water controls at optimum.efficiency.
This office requires that the violations, as detailed above, be abated immediately. If you have an explanation
for the noted violations that you wish to present, please respond in writing within fifteen (15) days following the
receipt of this notice. 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 his consideration. Please note
that these violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per day for
each violation.
In addition to your response, a Pre -Construction Notification (PCN)_ form, a stream restoration plan, and a
timeline for completion of the work must be submitted to DWQ. It is strongly recommended that a person with
experience in such matters be consulted. Thank you for your prompt attention to this matter. If you have any questions,
please do not hesitate to contact Mr. Johnson or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: US Army Corps of Engineers
Danny Smith — Compliance/Enforcement
Wetlands Unit —Ian McMillan
Bill Grigg — Willow Group
Land Quality
Central File

Complete it6ms 1, 2, and 3. Also complete
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Print your name and address on the reverse
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or on the4ront if space permits.
Article Addressed to:
N1R CHRIS MATHISEN
T1I1?'MATHISEN COMPANY
6208%CREFT CIRCLE, SUITE 230
INDIAN TRAIL NC 28079
swp/aj 3/1/06
A. Signature
X
B. R;"d b (Printed Name)
Q�i _ /ne-A I-
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❑ Addressee
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a-
NCDENR
SURFACE WATER PROTEC-T-ION•:,
610 EAST CENTER AVE.
SUITE 301 �' J
MOORESVILLE NC 28115
11111lf1ll:!!!IIl!lII1IfIIIII1I11fIfI!II1111l1I1111fi11!IIfill

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I
t�kp
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1 i iI (t MICHAEL ROLAND, REG. AGENT""'
i 11EACHTREE RES, PROPERTIES
3 SO '13 80 1 W. REESE BLVD.
3
-------------
- sn I-iUNTERSVILLE NC 28078
sw /a 9/6/OS
ct P J -- ------

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valuables, please consider Insured or Registered Mail.
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delivery. To obtain Return Receipt service, please complete and attach a Retur
Receipt (PS Form 3811) to the article and add applicable postage to cover th
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i
required.
i For an additional fee, delivery may be restricted to the addressee c
addressee's authorized agent. Advise the clerk or mark the mailpiece with th
endorsement 'Restricted Delivery.
If a postmark on the Certified Mail receipt is desired, please present the art!
cis at the post office for postmarking. If a postmark on the Certified Me
receipt is not needed, detach and affix label with postage and mall.
VIPORTANT: Save this receipt and present it when making an inquiry.
iternet access to delivery information is not available on mail
ddressed to AM and FPOs.

� s
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rz��_ tfD
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T[
i
MR TOM VESEY, DN. PRESIDENT,'
3 sen. BUILDERS
� pgLEANS HOMEBUILDER
sra 1930 B CENTER PARK D�-------------
' orPi CHARLOTTE NC 29217
----- ------------
cif,; S9/6/05wp/aj

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c Certified Mail Is not available for any class of international mail.
i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fi
valuables, please consider Insured or Registered Mail.
I For an additional fee, a Return Receipt may be requested to provide proof c
delivery. To obtain Return Receipt service, please complete and attach a Retur
Receipt (PS Form 3811) to the article and add applicable postage to cover th
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fc
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt I
required.
I For an additional fee, delivery may be restricted to the addressee c
addressee's authorized agent. Advise the clerk or mark the mallpiece with th
endorsement "Restricted -Delivery".
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cleat the post office for postmarking. If a postmark on the Certified Me
receipt is not needed, detach and affix label with postage and mall.
MPORTANT: Save this receipt and present it when making an inquiry.
nternet access to delivery information is not available on mall
iddressed to APOs and FPOs.

J 0 F F 9 9 A L. U S E
] Postage $+0��
3 Certified Feed `!
3 Return Reclept Fee `
(Endorsement Required) ^,� We Me r
Restricted Delivery Fee
] (Endorsement Required) y •�
v1R I-IOWARD NIFONG, REG. ,
i MR KEITH BELL
3 SUNBELT FINANCIAL GROUP
6401 CARMEL RD., SUITE 105..................
CI-IARLOTTE NC 28226 _________________.
swp/aj 9/6/05

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W A rF Michael F. lcy GO or t
C�O� 9Q
`� �i William G. Ross Jr„ Secretary
rNorth Carolina Department of Environment and Natural;Resources::;'
Alan`W, Klimek, P.E. Director_.
Division of Water Quality
September 6, 2005
CERTIFIED MAIL
RETURN RECEIPTREQUESTED
7003 2260.00013492 6740
Mr. Michael Ruland, Registered Agent + ,
Peachtree Residential Properties
13801 W. Reese -Blvd.
Huntersville, NC 28078
Mr. Tom Vesey, Div. President 7003 2260 00013492 6733
Orleans Homebuilders, Inc.
1930 B Center. ParkDr.
-Charlotte, NC 28217
7003 2260 00013492 6757
Mr..Howard M. Nifong, Registered Agent
Mr. Keith Bell
Sunbelt Financial Group
6401 Carmel Rd., Suite 105
Charlotte, NC 28226
Subject: Notice of Violation:and
Notice;ofRecommendation For Enforcement
Incident #:-20p50354
NOV-2005-OP- 0029
Silver Creek -Dr. -and Highbrook Dr.
-Silver Creek Subdivision
Union _County, NC
Dear•Sirs:
In response to a complaint, Messrs. Alan Johnson and Barry Love of this office conducted an investigation, at the
subject:site on.Jlily:l9, 2005. During the investigation they noted that in excess of 500 feet of stream had been piped to
allow for residential developmentat the :site.:A.review of ourfiles failed to show approval from.the*Division of Water.
:Quality for this impact.
Specifically, on.Silver Creek Dr. approximately 200 linear feet (If) of unnamed stream was piped for a
road crossing and establishment of -a residential lot (ID #06051168). On Highbrook Dr. approximately 400 if
of unnamed stream was piped for similar purposes -(ID #06051,108). This letter is being issued as a Notice of
Violation and Notice of Recommendation For Enforcement for failure to obtain a 401 Water Quality
Certification pursuant to 15A North Carolina Administrative Code (NCAC) 02B .0500 and.for. the removal of
best usage of the waters (NCAC 02B .0211 (2)) of the.state for these unapproved impacts. Preclusion of best
usage includes impacts which deny aquatic life propagation, maintenance of biological integrity, and
maintenance of wildlife.
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Intemet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Afftrmaiive Action Employer— 50% Recycled/10% Post Consumer Paper
NortliCarolina
lvaturallff
Customer Service
1-877-623-6748

This office requires that the violations, as detailed above, be abated immediately. If you have an explanation
for the noted violations that you wish to'present, please respond in writing within fifteen (15) days following the
receipt of this notice. 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.his consideration. Please note
that these violations and any future violations are subject to civil penalty -assessments of up to $25,000.00 per day for
.each violation.
`In .your response to this letter, it is requested that a stabilization/restoration plan for the -two streams segments
located within the noted building lots beprovided..It is.strongly recommended that a.person with experience in such
matters'be consulted.. You should also contact the Land Quality Section of -the Division -of Land Resources regarding a
Sediment and Erosion Control'Plan.
Thank you foryour�prompt attention -to -this matter. 'Ifyou have anyquestions,,_please .do nothesitate to.contact
Mr. Jobnson or me .at [phone].
:Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO
US ArmyCorps of Engineers
Danny Smith — DWQ
Wetlands Unit
Central File

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for verification of the information contained on this map. Union County and the mapping companies assume.no=legal responsibfinie,the
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public records and data.:Users,of,this map -are hereby notified that the aforementioned public primary informationsourcesshould be cones
for -verification of the information contained on this map..Union County and the mapping companies assume no legal responsibiTies forthe
information contained on this map. Grid based on the North Carolina State. Plane Coordinate System All diminsions in feet The current dW
9/1/2005The data effective date is: January 1, 2005
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• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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Article Addressed to:
M-+F&BARD NIFON9;,-REG—AGENT
MR K EITH BELL
SUNBELT FINANCIAL GROUP
6401 CARMEL RD., SUITE 105
CHARLOTTE NC 28226
swp/aj 9/6/05 —
A.
W Agent
-E] Addressee
B. Received by (Printed Name) C. Date of Deliver)
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If YES, enter delivery address below: 11 No
'3 Service Type
Ili Certified Mail 0 Express Mail
11 Registered 11 Return Receipt for Merchandis(
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2. Articl
7 09 2-2E0i ObOl- 34921:'L�iOLL-1'
PS.F.orm'3811..Februarv'2004 Domestic Return Receipt 102595-02-M-154

UNITED STATES POSTAL SERVICE
I First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10 -
• Sender: Please print your name, address, and ZIP+�4 n this box •
NCDENR _
SURFACE`WrATER PROTECTION
o
610 EAST CENTER AVE
SUITE 301
i MOORESVILLE NC 28115�
%.F=a
liltllll�lFli�1}iil�l�li!]3'Ift�lti31!!1'l4�31l12E�tlilil��ll

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
MR TOM VESEY, DIV. PRESIDENT
ORLEANS HOMEBUILDERS
1930 B CENTER PARK DRIVE
CHARLOTTE NC 28217
swp/aj 9/6/05
2. Artie " -
X B f (� ❑ Agent
V Addressee
B.Wd-by.(Printpfi Name C..� to of Deliven
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Service Type
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❑ Registered ❑ Return Receipt for Merchandisf
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01 3�492 i673
'S Form 3811, February 2004 ! Domestic Return Receipt 102595-02-M-164

UNITED STATES POSTAL SERVICE
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NCDENR
rn
-0
SURFACE WATER PROTECTION
610 EAST CENTER AVE
SUITE 301
MOORESVILLE NC 28115
C3
c

Postage
Certified Fee
Retum Reclept Pee
(Endorsement Requlred)
ResUicted Delivery Fee
(Flyd .Ms.nt Required)
perk
To
R MR GALE OREM, PRESIDENT
ENGINEERING MFG. SERVICES CO.
"sue ----•-------
orP 5634 CANNON DRIVE
---• MONROE NC 28110 -----------
cry,
swp/wb 7/20/05

Certified Mail Provides: (eslaney)ZOOZeun�'poggunojg.
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important Reminders:
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valuables, please consider Insured or Registered Mall.
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delivery. To obtain Return Receipt service, please complete and attach a Retun
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a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i;
required.
■ For an additional fee, delivery may be restricted to the addressee a
addressee's authorized agent. Advise the clerk or mark the mailplece with the
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IMPORTANT: Save this receipt and present It when making an Inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.

Michael F. Easley„Governor
William G. Ross Jr., Secretary 14/�
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
July 19, 2005
7003.2260 00013552 3658
CERTMED MAIL
RETURN;RECEIPT;REOUESTED :
Mr. ,Galei0rem,-Reside><rt
Engineering Manufacturing' Services; � Co.
5634--Cannon Drive
Monroe, North -Carolina 28110
Subject:
Dear.Mr.4.Orem:
'Violation,of N.C:C.& 143=215.1
Illegal Discharge of Wastewater
Engineering Manufacturing:'Services,''Co.
Union. County,;NC.
-
-Tracking It: NOV ZOOS DV-0040
Chapter143,:Article 21 o£theNorth CaroIina,General_Statutes(G:S.) authorizes and -directs the
"Environmental.Almagement Comniissioniof this -Department to -protect and preservelhe water iesources.of
the.State. The`Division,of'WaterzQuality(DWQ)1m the delegated"authority.to:enforce"adopted°water
,pollution control rules,and regulations.
Enclosed:please: ind:a copy,ofa ComplaintInvestigationReport for the investigation. conducted on
.'July -19, 2005'by'Mr. Wes Bell-ofthis Office. .As aresult.of this investigation, the%llowing condition was
found on your business site in violation of G.S.143-2151: .
The overflow water -:from the,*ater-jetmacliine'was-disdharging-into a,conveyance'ditdh at .
;the subjectproperty...A.greyTesidue:(spent4bragive material) had also.accumulated'in.
-conveyance.ditch .as aresult.ofthe discharge.
Pleasebe:advised:that G.S:143=215:6A=provides for a civil -penalty assessment of not more that
twenty-five thousand dollars-($25;000.00),:or.twenty-five thousand dollars.($25;000.00),per violation,_per
day whenfhe ;violation is.of.a,coritinuing nature,;against:any.person.*ho.fails to.apply.for :and/or secure a
•..permit.required by G:S.1.43-215.1. Penalties may also be assessed for any damage to the surface watersof
the State that may -result from the unpermitted discharges.
To,eomply with :the subject statute it-willbe necessaryto,cease all wastewater discharges
immediately. In addition, actions should be to ensure that"the surface .water runoff is.not negatively
-impacted;bythe oil-site:storage,practices of the granular material (abrasive).
`r
NCDENR
N. C Division of WaterQuality, Mooresville Regional Office, 610 East Center Avenue, Suite 301,'Mooresville NC 28115 [phone] Customer Service

Mr. -Gale Orem
Page Two
July 19, 2005
It is reauested that -you respond, in writing, to -.this Notice, indicating the actions taken to immediately
cease the discharge.and to ensure all on -site materail storage:practices do not impact surface water -including
storm waterrunoff. Please.address.your responseto Mr. -Bell bymo later than Auaust'9. 2005.
.Should yowhave questions,. please do:not hesitate to contact:I&. Bell or:me:at:(704).663-1699.
I:Sincerely,
D.:,Rex-Gleason, -PX.
Surface Water Protection Regional Supervisor
Anticci`hraeilt
cc: Union County Health Department
`;VB

NORTH CAROLINA-DEPARTMENT OF ENVIRONMENT'
AND NATURAL RESOURCES
DIVISION1017 WATER QUALITY
'SURFACE WATER PROTEcnON.SECTION
-610EAST-CENTER A'-.VENUE,.SUI-TE301
MOORESVILLE, NORTH-CAROLINA -28115
REPORT' Ok. -Complaint Investigation
DA:rE-OF."INVES'.r--I(iA:.rION:.J*y 19; 2005
R-WESMATED-BY. 'Wes Bell :. TR%4E"SPENT: 1,0hours
PLACE VISITED ]Engineerin ,g Manufacturing:Services, %C' 0.
-PHY'SICAL,LOCATION: 5634Cannon-Drive,"Monroe/;LJj3ionCounty
-MAILING ADDRSS: 5634 lCannon Drive
-Monroe, N.C. 28110
TELEPHONE #-- -(704),821-7325
RIVER BASIN: Yadkin -Pee Dee
PERSONS CONTACTED: Mr-Gde'Orem,.Pregident
REASON'FORAqSIT: Investigation of complaint regarding illegal discharges of washwater
:-,COPIES _TF6:,,U-nion- County Health Department
REPORT--'
71us =Office was-.referred.a complaint by the -Division-of Waste :Quality's Aquifer
'Protection'Section on July 14 _' 00
., 2 5 regarding the discharges of wastewater.(onto the -ground)
�-frorn the cleaning :of Boors and machining equipment at the -Engineering'Manufacturing Services,
--Co.:.-business-site'inMonroe, -'-Union count Ir- , County. Wes �office 'mivestigatedlhe
-com -2
plaint�onjujy_l9,005.
Mr. Bell -met with Mr. -Gale.Orem, President,.at.thebusiness°site. Nft. Bell observed water
beiqg.disch-gged onto the 1ground - om.aPVC' pipeatback:ofthe fabricationbuilding. Aditch
-had -been Zugto -convqythewater into a vegetated:drainage - area In -addition, sevetal feet -of the
- conveyance ditch zontained agrey x-esidue. -Mr. Orem indicated that the -water in the ditch
-origmated:from-theoverflow.-ba.ginofthe water -jetmachine. The water jet machine utilizes high
:pressure water: (with4brasive material)to cut stainless steel. The
grey residue resulted from the
spent abrasive material. No -surface waters appeared to be affected. All domestic -wastewater is
disposedin-theUnion County Public Works sewer system.'. Aft. Orem indicated that all
'wastewater resulting from the cleaning of equipment and floors is -currently disposed in the
County's sewer system (via bathroom drain); however, Mr. -Orem had previously corrected an
employee's, actions of dumping mop water onto the ground.

Complaint Investigation
Page Two
Mr. Bell, observed a granular substance being stored in several containers adjacent to the
concretedriveway of the unloading/shipping area. This granular substance was observed on the
ground;(adjacent•.to the containers) due to. previous spillages. Mr. Orem indicated that the
:granular substance was recycled .as the abrasive in the metal cutting process. No surface waters
:appearedto':be affected by this material.
Mr. Bell explained the environmental regulations pertaining to the problems noted during
-the investigation. A4r. •Orem was informed to .contact the Union County -:Public Works
Department regarding:the:connection ofthe wateret.-overflow wastewater to the County's sewer
,system. Ju addition, Mr. Bell informed :Mr.�Orem to remove all granular material from the ground
:and provide: appropriate shelterto -the i,granular.stgrage. containers : to,ensure_no..surface water
,contamination/runoffwould:occur. Mr. Oren_was very courteous .and helpful :throughout the
investigation. A follow-up investigation bythisoffice maybe necessary to verify the facility's
corrective actions.

■ Complete items 1, 2, and 3. Also complete Hi
item 4 if Restricted Delivery is desired.
Print your name ano address on the reverse
so that we can return the card to you. B.
III Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
MRGALE OREM, PRESIDENT
ENGIIERING MFG. SERVICES CO.
-=-5634 CANNON DRIVE
MONROE NC 28110
swp/wb 7/20/05
7iO OP 2 2I
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If YES, enter delivery address below: .121 o
3. S rvice Type
Certified Mail ❑ Express Mail
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IS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-154i

UNITED STATES POSTAL SERVICE
• Sender: Please print yournani8, addreZ,2_0@n­(
NCDENR
SURFACE WATER PROTEC'I-
610 EAST CETTER AVENUE,
SUITE 301
MOORESVILLE NC 28115
First -Class Mail
Postage &__EFees -Paid
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'I M W.,
C- 10 V$ls it I I 1 11 11 1 1111 11 111 11 1 1 1 1 111 1 1 1 '1'1 1111111 11 IJ 11 "111, 11111 1

Engineering c
Manufacturing CMS.
Services co.
5634 Cannon Drive
Monroe, NC 28110
Phone [phone]
Fax [phone]
Wes Bell
Enviromental Technician IV
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Subject: Tracking #: NOV-2005-0040
f i7lriO'E AND�d°i Edd6idi
��y��.'�(pil���"TURgL RCS
.—TIC
AUG 1 5 200
r.: _Aa
N.
;�?, .� pis
i0
TER_
&AUTYSECI-16
Dear Mr. Bell
In response to you notice of July 19, 2005, please find the following actions taken by Engineering
Manufacturing Services Co.
1. All overflow wastewater from the waterjet has been terminated from discharging onto the ground, and is
now being collected into portable settling tanks.
The clear water form these settling tanks is then released into the sewer line drain.
2. All exterior piping from the waterjet tank has been either removed or terminated, to assure that
wastewater can not bee released onto the ground.
3. A Dry -Cake filtration system has been acquired, which will allow us to process our settling tanks and
produce dry -cake residue and clear water.
The clear water will be held in a storage tank to be reused in our waterjet cutting system and for cleaning
purposes, while the dry -cake, composed.of inert material
will be disposed of thru normal disposal methods.
I have attached information on the filtration system for you and will be happy to provide with updates in the
future on waterjet cut material for you and your departments
information resources
Yours Truly
Gale . Orem P.E
n ineeringOan!�uf�actuing Service Co.

Page 1 of 1
Main Identity
From: "Gale Orem" <[e-mail]>
To: <wes. bell@ncmail. net>
Sent: Monday, August 08, 2005 4:06 PM
Attach: Binder1.pdf
Subject: respose to letter dated 7/19/2005
Dear Mr. Bell
In response to you notice of July 19, 2005, please find the following actions taken by Engineering Manufacturing Services Co.
1. 1 All overflow wastewater from the waterjet has been terminated from discharging onto the ground, and is now being collected
into portable settling tanks.
The clear water form these settling tanks is then released into the sewer line drain.
2. All exterior piping from the waterjet tank has been either removed or terminated, to assure that wastewater can not bee
re eased onto the ground.
3. A Dry -Cake filtration system has been acquired, which will allow us to process our settling tanks and produce dry -cake residue
and clear water.
The clear water will be held in a storage tank to be reused in our waterjet cutting system and for cleaning purposes, while the
dry -cake, composed of inert material
will be disposed of thru normal disposal methods.
I Have attached information on the filtration system for you and will be happy to provide with updates in the future on waterjet cut
material for you and your departments
information resources
Yours Truly
Gale E. Orem P.E.
E I gineering Manufacturing Service Co.
I
8/12/2005

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ttiat imize waste volume
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ENVIRONMENTAL FILTRATION INC. < ES >
mm,
RK,
We start dirty ...........
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WE DELIVER SPECIFIC SOLUTIONS
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Environmental Filtration systems are proving themselves daily in oilfield installations.
We deliver durable, field tested systems backed by complete, on -site engineering
and technical support.
FEATURES
❑ Designed for typical oilfield waste streams with solids concentration of
20-ppm to more than 10% by weight
❑ Delivers clean water to less than 5 ppm TSS
❑ Automatic discharge filtering for unattended operation
❑ Engineered for multiple applications
❑ Stainless steel construction for reliable, low maintenance operation
❑ Compact design for easy installation
BENEFITS
❑ Saves money by reducing waste volume; dry cake discharge cuts
disposal costs by up to 75%
❑ Payback as soon as 12 months
❑ Replaces troublesome settling tanks and percolating ponds
❑ Eliminates complex multi -stage filtration steps and the expense of filter
cartridge replacement.
❑ Cost-effective solution to environmental regulations
Filter
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Liquid Waste Filtrate
The, L tim,,itr. inWasu. ti'c Ionic Reduction

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The EFI system provides superior filtering performance and reliability while
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❑ Filter influent ..........................Liquids
❑ Flow rates ...............................100
BPD to 100,000 BPD (equivalent).
❑ Design pressure ......................1501
class standard (in excess of 1000 psig
available).
❑ Design temperature ................40
to 5WE
❑ Micron rating ..........................5
to 100 microns.
❑ Clean pressure drop ...............
Less than 5 psid.
Ij Dirty pressure drop ................15
to 50 psid.
❑ Construction materials ...........Elements:
300 series stainless steel, inconels,
monels, brasses, or plastic. Balance of system:
coated carbon steel or stainless steel.
Ll Maximum air pressure
required for discharge ..............100 psig
Ll Maximum differential
pressure without failure .........Full line pressure (either direction).
L) Time to discharge dry cake ....Less
than 10 minutes cycle time.
L) Air requirements ....................Small
demand of existing shop air.
Ll Power requirements ...............110
VAC,
Environmental Filtration Inc. is ready to solve your filtering or waste volume problems.
ENVIRONMENTAL FILTRATION INC. < EFI>
M tj=7-
Wo start dirty........... ...........and end up Cmd".

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MR TAYLOR BYRUM,,
TAYLOR'S MOTOR COMPANY
irei
3229 PRESSON ROAD - - - -
.... orpi�MONROE
NC 28174 ,----_______
city"swp/wb
6/21/05 11

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OF W �TFR Michael F. Easley, Governor
0
�0 C. William G. Ross Jr., Secretary
0) P North Carolina Department of Environment and Natural Resources
� r
—1 Alan W. Klimek, P. E., Director
0 Division of Water Quality
June 21, 2005
CERTIFIED MAIL 1
7003 2260 00-013552 3436
RETURN `RECEIPT=REQUESTED
Mr. Taylor Byrum;,'Owner
Taylor's =Motor .Company, Inc.
3229.Presson.Road
Monroe; North,_.Carolina 28174
`Subject: ViolatioA,of.N.0 G.S.143-215 83
Illegal -Discharge of Oil
Taylor's`Motor-:Company, Inc.
UnionCounty, N:C.
Tracking #:NOV-2005.0C-0012
Dear Mr.,Byrunr
Chapter 143-: Article:21,.oftheNorthiCarolina,66ner6l Statutes:(G._S.)-.authorizes:and
directsahe Environmental Management Commission lof this Department to .protect,and.preserve
the water=resources-.ofthe'State. The Division of Water Quality has the delegated.authority to
.enforce adopted water..; pollution,control rules -:and regulations.
Enclosed please find a copy, of a Complaint Investigation Report:for.the investigation
conducted on June 46, 2005 .by Mr. Wes Bellof this Office. As a-resulttofthis investigation, the
following. conditions were:found.on your business site in violation of G:S.143-215.83(a):
`Soitcontaminatiow,(from discharges ofusedmotor/petroleum products) was
observed -adjacent to the concrete driveway where vehicle parts were:stored.
Be.advisedthatpursuant:to.G.'S. 143-215:88A, any-personwhointentionally or
negligently=discharge& Gil or other'hazardous substances, or knowingly.causes or permits the
-discharge�of oil'in violation of-G.S. 143-215 83(a), or who fails_to reportz-discharge:as required
byG:S. '143-215.85, or who fails.to comply with the clean up requirements of+G.S.143-
215.84(a),, shall incur, in addition to any other penalty provided by law, a -penalty in an amount
not to exceed five thousand -dollars .($5,000.00) for each. such violation.. Penalties may also be
assessed for any damage to the surface waters of the State'that may result from the unpermitted
discharges.
-MCarolina
,,Na&ra!!r
N. C Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service

Mr. Taylor Byrum
Page Two
.-June 21, 2005
To .comply with .the law it will be necessary -to remove and properly dispose of.all
contaminated:soil and restore all affected areas as nearly.as maybe to the conditions existing
prior.to :the discharges. This office recommends incorporating:storage for vehicle parts .to prevent
:stormwater=and soil contamination.
It -is requested that you respond, in°writing,'to-this Notice, indicating the:actions_takento
,clean upthe contaminated area and.to prevent future.spills. Please address your response to Mr.
Bell _byno :later than �y 12. 2005.
Should you have questions, please do not hesitate to contact 'Mr.:Bell or me at _(704) 663-
1699.
'Sincerely,
D. Rex -Gleason, P.E.
.Surface Water Protection Regional Supervisor
.Attachment
cc: Union,County Health Department

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION SECTION
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE -OF INVESTIGATION: May .16, 2005
INVESTIGATED BY: Wes Bello] TIME SPENT: 4.0 hours
PLACE VISITED: Taylor's Motor Company, Inc.
PHYSICAL LOCATION: off Presson Road, Monroe/Union County
.MAILING ADDRESS: 3229.Presson Road
Monroe, N.C. 28174
TELEPHONE#: ,[phone]
RIVER BASIN: Yadldn Pee'Dee
PERSONS CONTACTED: Ms. Pat Byrum and Mr. Taylor Byrum (Owner)
.REASON FOR VISIT: Investigation of complaint regarding illegal. dischargeof petroleum
products
'.COPIES TO: Union County Health Department
REPORT:
This Office was referred a complaint by the Division -of Waste Management's Hazardous
Waste'Section on June 9, 2005, regarding the discharges of petroleum products onto the ground
{via engine washing) at the Taylor's Motor Company, Inc. business site in Monroe, Union
County. Mr. Wes Bell of this office investigated the complaint on June 16,2005.
Mr. Bell met with Ms. Pat Byrum and Mr. Taylor Byrum (Owner), atthe business site.
The contaminated area.(photographed.in the complaint referral) adjacent to the engine washing
location had been remediated prior to Mr. Bell's visit. Ardvard Environmental had been
contracted to remove .the contaminated soil (stored in four drums) for proper disposal. The
washing of engines occured on a concrete pad. The washwater was collected and treated on -site
by the recycle treatment facility. The treated washwater was reused _for future engine washing
activities.
During the investigation, Mr. Bell observed soil contaminated by petroleum products
adjacent to the concrete driveway where vehicle parts were being stored. No surface waters were
affected. A water supply well utilized for human consumption was located (on -site)
approximately 300 to 400 feet upgradient of the .contaminated areas.

Complaint Investigation
Page Two
Mr. Bell explained the environmental regulations pertaining to the observations noted
during the investigation. In addition, Mr. Bell recommended that the vehicle parts be stored in a
manner to ensure that no petroleum contamination to .the soil and/or stormwater would occur.
Ms. Pat Byrum and Mr. Taylor Byrum were very courteous and helpful throughout the
investigation. A followup investigation by this office may be necessary to verify the facility's
corrective actions.

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I. Article Addressed to:
AMR TAYLOR BYRUM, OWNER.
3<AYLOR'S MOTOR COMPANY
3229 PRESSON ROAD
MONROE NC 28174
swD/wb "6/21/05
❑ Agent
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and Z F44
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Taylor Byrum Motor Company, Inc.
3229 Presson Road � � - ; . A a 9 J{R� i ?i �t9 L
Monroe North Carolina 28112 M1f, PZSVURCES
(-r ALOFFICE
Telephone: [phone] Fax: [phone]
JUL 1.1 2005
July.8, 2005
Wes Bell
_—,_-- _— N.C. Division -of -Water --Quality --- - — — — --- — -- —
610 East Center Avenue Suite 301
Mooresville NC 28115
RE: Violation of NCGS 143-215.83
Mr. Bell,
Our facility has followed recommendations of your office to take care of residue on
the ground. We bought a trailer to store parts and we have had all contaminated
soil dug up and removed by ArdvarL
I have enclosed pictures of the areas in question and also of the trailer where the
used parts are now stored.
H you need further information please call Pat Byrum at 704 233-5417.
C�!/� 4t��
Pat Byrum
VP/Secretary

iURCES
71FFICE
JUL 1 1 200")

Taylor's Motor Co.
3229 Presson Rd.
Monroe, Nc 28112
co
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. 1'_ = 'i:.,i,il,;i:„

9 C 9L U S.-E
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t TotaiPr :NIIZ .IOHN POORE, PRESIDENT
RPM DEVELOPMENT, LLC
] Sent To 90 INDEPENDENCE POINT PARKWAY
"sir"eef A SUITE 100
or Po Be MATTHEWS NC 28105
cry srai swp/aj 5/10/05 --

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John R. Poore, President
RPM Development, LLC
10590 Independence Point Parkway, Suite 100
Matthews, NC 28105
Dear Mr. Poore:
William G. Ross`Vr., Secret
North Carolina Department of Environment and Na 1 Resources (�*,
Alan W. Klimek, P.E. Director
Division of Water Quality
May 10, 2005
7003 2260 0001 3552 3214
Subject: Notice of Violation
Incident #: 200501210 & NOV-2005-SP - 0008
15A NCAC 02H .0500
Wyndham Plantation, Phase 2
Union County, NC
In response to a referral from the Division of Land Resources (DLR), Mr. Alan Johnson of this office
inspected the subject site on May 6, 2005. During the investigation Mr. Johnson noted that two stream
crossings (road crossings) were under construction. One crossing was for extension of Appomattox Dr.; the
other was for extension of Stonehurst Lane. Total impacts to the stream were approximately 190 linear feet (1t)
(1191f for the actual length of the culverts).
Prior to his site visit Mr. Johnson spoke with Mr. Mike Rackley (site supervisor) and was informed that
the culverts to be used for the stream crossings were "bottomless".' The purpose of which is to preserve the
streambed and the existing stream channel. During Mr. Johnson's site visit he observed that the streambed had
been graded/grubbed to prepare footers for the installation of the culverts. This letter is being issued as a Notice
of Violation pursuant to 15A North Carolina Administrative Code (NCAC) 2H .0500 for the failure to obtain a
401 Water Quality Certification for the impacts to the stream.
This office requires that the violation, as detailed above, be abated immediately. If you have an
explanation for the noted violations that you wish to present, please respond, in writing within fifteen (15)
days following the receipt of this notice. Please be advised that these violations and any future violations
are subject to civil penalty assessments of up to $25,000.00 per day for each violation.
In your response to this letter, an after -the -fact Preconstruction Notification application must be
submitted for the unapproved impacts. It is also requested that a stabilization/restoration plan for the stream be
provided. It is strongly recommended that a person with experience in such matters be consulted. You should
also contact the Land Quality Section of the DLR to determine if these efforts will require a modification to the
erosion and sediment control plan
o a
NhCaro ina
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to
contact Mr. Johnson or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Land Quality, MRO
US Army Corps of Engineers
Danny Smith — DWQ.
Cindy Karoly - Wetlands Unit
Central File

CA �1 e� i; J` r�e�✓h ��i��lvt�\ i s Leak Q•2 5ec-

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I. Article Addressed to: +
MI=JOHN POORE, PRESIDENT
-R-,,PM DEVELOPMENT, LLC
)590 INDEPENDENCE POINT PARKWAY
SUITE 100
MATTHEWS NC 28105
swp/aj 5110105
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,,SURFACE WAFER -?PROTECTION
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SUITE 301
MOORESVILLE NC 28115

MR TERRY EBREL
MR STEVEN WILSON
s DAN MOSER COMPANY
PO BOX 350---------------'
MINERAL SPRINGS NC 28204---------------.
swp/aj 3/15/04 I/

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MichaelVE ley, ov or
O�O� W A T �9PG
>_ I LJ_W`^ —I
CERTIFIED MAIL
Return Receipt Requested
Mr. Terry Ebrel
Mr. Steven Wilson
Dan Moser Company
P.O. Box 350
Mineral Springs, NC 28204
Dear Mr. Wilson:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
WATER QUALITY SECTION
March 15, 2005
7003 2260 00013551 8494
Subject: Notice of Violation
Kings Grant Development
Incident #200500618
NOV #2005-OP-0009
Union County, NC
On February 9, 2005, Mr. Alan Johnson and Mr. Samar Bou-Ghazali of this office visited the
subject site in response to a referral from the Division of Land Resources. regarding unapproved
stream impacts.
It was observed that 64 ft. of culverts had been placed in the stream at the site. In addition, the
culverts were not properly buried below stream grade, nor were they placed "centerline" with the
stream channel. Below the.culverts, a pond had been drained and approximately 250 ft. of stream
channel had been "ditched". Based on Mr. Johnson's investigation, this letter is being issued as a
Notice of Violation for failure to obtain a 401 Water Quality Certification for the unapproved culvert
placement (NCAC 15A .02H .0500) and for the ditching of the stream channel affecting the aquatic
habitat (15A NCAC 2B .0211 (2)). Specifically, 15A NCAC 213 .0211 (2) states that the preclusion of
best usage, which includes "...aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; ..." represents a water quality standard violation.
Be advised that the culvert must be removed and properly installed (placed centerline with the
stream channel and the bottom buried, below stream grade). Should the reinstallation of the culvert
exceed 150 ft (including the use of riprap) a 401 Water Quality Certification will be required. Also the
channel must be restored. A conceptual restoration/stream channel design plan for the stream
channel must be submitted within 45 days of receipt of this letter. The design should include proper
dimension, pattern, and profile similar to the upstream portion of the stream.
K%o Carolina
�tura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enrztate.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recyoled/10% Post Consumer Paper

Page 2
Please note that you are required to inspect (at least once every seven (7) days) and keep a
record of your -sediment and erosion control measures as required by the State General Stormwater
Permit (NCG010000), issued pursuant to North Carolina General Statute (NCGS) 143-215.1.
It�is requested that a written response be submitted to this office by March 31, 2005 indicating
the actions taken to correct the noted violations. Failure to respond could result in a
'-Recommendation for Enforcement. Please note that these violations and any future violations are
:subject to civil ,penalty assessments of up to $25,000.00 per day for each violation.
:If you -have questions -regarding this matter; please contact. Mr. Alan Johnson or me at (704) 663-
1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
Cc: Chery Martineau — Land Quality
Danny Smith — Compliance/Enforcement
Cyndi :Karoly — Wetlands, Unit
Amanda Jones — USACOE
-Chris Huysman
Central Files

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Article Addressed to:
R TERRYXBREL
--MR STEVEN-WIL SON -,)AN MASER COMPANY
,., PO BOX 350
MIN7ERAI-SPRINGS NC 28204
swn/aj 3/15/04
2. ?003.226
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n MR DANIEL J CARDELLI - OWNER
zi Sent To AUTOHAUS OF UNION INC
109 SOMER STREET
or PO E
crry, sn
WAXHAW NC 28025
eh/nov 05/24/04 w�

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O�01; W A T �RQG
1 � r
o �c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 25, 2004
CERTIFIED MAIL CM # 7003 1680 0004 0875 9480
RETURN RECEIPT REQUESTED
Mr. Daniel J. Cardelli, Owner
Autohaus of Union, Inc.
109 Somer Street
Waxhaw, NC 28025
Dear Mr. Cardelli:
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: Notice of Violation
#NOV2004-OC-0002
Incident # 200401041
Illegal Discharge of Petroleum Products
Autohaus of Union, Inc.
Union County, NC
Chapter 143 Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of this Department to protect and preserve the water
resources of the State. The Division of Water Quality has the delegated authority to enforce adopted
pollution control rules and regulations.
Enclosed please find a copy of a complaint investigation Report for the investigation conductred
on May 17, 2004 by Mrs. Ellen Huffman and Mr. Wes Bell of this Office. As a result of this
investigation, the following conditions were found at your. business site in violation of North Carolina
Statute (NCGS) 143-215.83(a):
OR contaminated soil (from discharges of petroleum products) was observed in several areas of
the gravel parking area of the shop. Automobile engine parts were noted being stored on the
ground behind the shop. Evidence of an oil spill was also observed inside the used oil storage
tank shed.
Be advised that pursuant to NCGS 143-215.88A, any person who intentionally or negligently
discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in
violation of (NCGS) 143-215.83(a), or who fails to report a discharge as required by NCGS 143-
215.85, or who fails to comply with the clean up requirements of NCGS 143-215.84(a), shall incur, in
addition to any other penalty provided by law, a penalty in an amount not to exceed five thousand
dollars ($5,000.00) for each such violation.
�►�
--._
NCDEh!<t
Customer Service Mooresville Regional Office PHONE [phone]
1 800 623-7748 919 North Main Street, Mooresville, NC 28115 FAX [phone]

5
Mr. Cardelli
Page 2
To comply with the law, it will be necessary to collect, remove, and properly dispose of
all contaminated soil and to restore all affected areas as nearly as may be to the conditions
existing prior to the discharge. In addition, this Office recommends incorporating storage for
vehicle parts and secondary containment for the used oil storage tank.,
It is requested that you respond, in writing, to this Notice, indicating the actions taken to
collect and remove the discharges, to prevent future discharges; and to restore all affected areas.
The response should also indicate the disposal location for any removed discharge material and
contaminated soils, and include a copy of the analytical documentation for the site remediation.
Please address your response to Mrs. Ellen Huffman by no later than June 18, 2004.
If you have and questions concerning this matter, please do not hesitate to contact Mrs.
Huffnan, Mr. Bell, or me at [phone].
Sincerely, i
D, / ti
D. Rex Gleason, P.E. .
Water Quality Regional Supervisor
Attachment
cc: Union county Health Department
EH

U
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALTIY
WATER QUALITY SECTION
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT TYPE: Compliant investigation
DATE OF INVESTIGATION: 05/17/04
INVESTIGATED BY: Ellen Huff Roves Bell
TIME SPENT: 1:30
PLACE VISITED: Autohaus of Union, Inc.
PHYSICAL LOCATION: 109 Somer Street, Waxhaw, NC
MAILING ADDRESS: 109 Somer Street, Waxhaw, NC
TELEPHONE #: [phone]
RIVER BASIN: Catawba
PERSONS CONTACTED: Mr. Daniel Cartelli
REASON FOR VISIT: Investigate complaint of alleged oil discharges.
This Office received a complaint on April 27, 2004 regarding the discharge of antifreeze
and oil in the gravel parking area of Autohaus of Union, Inc. located at 109 Somer Street in
Waxhaw, NC. Mrs. Ellen Huffman and Mr. Wes Bell of this office investigated the complaint
on May 17, 2004.
Contaminated gravel and soil from discharges of petroleum products were observed in
several areas of the gravel parking area of the shop. Automobile engine parts were observed
being stored on the ground behind the shop. Evidence of an oil spill was also observed inside the
used oil storage tank shed.
Mrs. Huffman and Mr. Bell informed the owner, Mr. CarteK of the environmental laws
and the cleanup requirements related to oil spills. Mrs. Huffman and Mr. Bell recommended that
Mr. Cartelli provide adequate storage for all vehicle parts to prevent stormwater and soil
contamination. Mr. Bell also recommended that once the gravel area was cleaned of
contaminated material the area should be cemented so as to contain any future oil spills. It was
also suggested that the company keep oil -dry stored nearby for future clean up needs. A follow-
up investigation may be necessary to verify Mr. Cartelli's cleanup efforts.

i
large oil stain in gravel
stored parts on site stored parts on site
-�s
oil stains in storage shed storage shed
Oil stains in gravel parking area.

■ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X ❑ Agent
Print your name and address on the reverse ❑ Addressee
so that we can return the card to you. E eceived by (Printed Name) C. of D livery
Attach this card to the back of the matlpiece,-� ( aS'�
or on the front if space permits.
D. Is delivery address different from Rem 1? ❑ es
I. ^ ?icle Addressed to: If YES, enter delivery address below: ❑ No
MR DA1`N.IEL_J CARDELLI - OWNER
AUTOI-IAUS "OF-UNIONYII'IC.
109 SOM$R S"TREET 3. Se tce Type
V�IAXHAW NC 28025 Certified Mail ❑ Express Mail
ejj/wvd 05/24/04 N 1 ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
2. Article Number
(Transfer fro
:IS Form` 381`1',
4. Restricted Delivery? (Extra Fee)
7003 1680 0004 0875 9480
1 , i ,,.'iii +ii i iii , il i iii
❑ Yes
102595-02-M-154

UNITED STATES POSTAL SERV C--E-,
� - , _ - , FiJst_Class Mail
Postage &Fees Paid
LISPS -
Permit No. 6-10
• Sender: Please pr:on urname, address -;-and ZIP+4-in this-v''o
DENR 3
WATER QUALITY ®�
919 NORTH MAIN STREI N
MOORESVILLE NC 28
0
c >

aoF \NATF9
�? r
Eddie Weatherman
Carolina Concrete, Inc.
1316 Indian Trail - Waxhaw Rd.
Mathews, NC 27105
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department. of Environment and Natural Resources
December 17, 2004
SUBJECT: PAYMENT ACKNOWLEDGMENT
CIVIL, PENALTY ASSESSMENT
CAROLINA CONCRETE
UNION COUNTY
Permit No:
PC-2003-0321
Dear Mr. Weatherman:
Alan W. Klimek, P.E. Director
Division of Water Quality
DEC 2 0 200A
•''[ter, r._
i
This letter is to acknowledge receipt of check No. 034646 in the amount of $6,545.17 received from you
dated November 23, 2004. This payment satisfies in full the civil assessment levied against the facility and this
case has been closed. Payment of this penalf . c; v a7y precludes future action by this Division for additional
violations of the applicable Statues, Regulations, or Permits.
If you have any questions about this letter, please contact Robert L. Sledge at 919-733-5083 Ext.547.
Sincerely,
F /, del
Coleen Sullins
cc: Enforcement File #: PC-2003-0321
Mooresville Regional Office Supervisor
Central Files
NorthCarolina
Nkturally
North Carolina Division of Water Quality 1617 Mail Service Ccnler Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]

r
9.
C:AROLINA CONCRETE, INC. CHECK NO. 034646
1316 INDIAN TRAIL - WAXHAW RD.
FIRST CHARTER BANK P.O. BOX 2 C�_24+E 46
O. BOX358 INDIAN TRAIL-, NC 28079-0002 6s=73
INc
INDIAN TRAIL, NC 28079-0358 [phone] 631
1,
DATE
SIX—THOUSAND—FIVE—I4UNDRED—FORTY—FIVE—AND-17/ 100—DOLLA ,,AMOUNT OF CHECK
PAY TO THE ORDER OF F' 51L � 17
HIZ DEPT OF ENVIRONMENT
NATURAL RESOURCES
1617 MALL SERVICE CENTER.
RALEIGH NC 27699-1617
!!'0003464Gill 1:

1
ROY COOPER
ATTORNEI GENERAL
State of North Carolina
Department of Justice
9001 Mail Service Center
R.A,LEIGH. NORTH CAROLII`AtipLY TO
27699-9001
W,
V
MEMORANDUM
TO: Dr. David H. Moreau
Chairman, Environmental Management Commission
FROM: Edwin Leee Gavin II
.Assistant Attorney General
I
DATE: 27 October 2004
RE: Final Decisions of Group I Remission Committee
Edwin Lee Gavin Il
Environmental Division
9001 Mail Service Center
Raleigh, N. C. 27699-9001
[phone]
[phone] FAX
gat; 0rPT. Tr I �
AND NUa R!HOJRCE S
i
NOV 0 1 2004
You will recall that Group I of the Remissions Committee met on Thursday, 14 October
and considered and denied the remission requests from Curtis Ludlum and Turnbull Company
Farms. I have drafted orders which record those decisions, and have attached the orders for your
review. If they meet with- your approval, please sign and date them in the space provided, and
return them to me in the enclosed stamped envelope.
Because Group I deferred the Carolina Concrete remission request I have not prepared
any order for your consideration. Instead, I have informed Steve Lewis in a phone conversation
today that he should snake sure that the remission request from Carolina Concrete is returned to
the Group I agenda for consideration at the next meeting. I .afso reminded. Steve that Carolina
Concrete should be informed and told that it may make an oral presentation but no documents
will be received. By copy of this memorandum I am reminding Rex Gleason, the Water Quality
Supervisor of the Mooresville Regional Office, that someone should be present to represent that
office.
attachments as stated
cc w/o attachments: Steve Lewis
D. Rex Gleason tl

4J T� Michael F. Easley, Governor
Q . •A .; William G. Ross Jr., Secretary
?' `'<; `•r North Carolina Department ol: Environment and Natural Resources
Alan W. Klimek. P. E. Director
t Division of Water Quality
Coleen H..Sullins, Deputy Director
qw.w "'~ Division of Water Quality
VIRONMENE
January 13, 2004 MID MAT RESOURCES
MOO€ ESVILLE: '._-t MAL OFFICE
CERTIFIED MAIL 7000 ,1530 0002 2100 7378
r
RETURN RECEIPT REQUESTED JAN 2 1 2004
Mr. James R. McClain
Carolina Concrete', Inc.
P. O. BOX 2
INDIAN TRAIL, NC 28079 WATER Qia���t
- SUBJECT: Assessment of Civil Penalties. for Violations of 15A NCAC 2B .0211 &
NPDES General Permit NCG140187
Carolina Concrete, Inc.
Case Number PC-2003-0321
Union County
Dear Mr. McClain:
This letter transmits notice of a civil penalty,;assessed against Carolina Concrete, Inc. in the
amount of $8,105.17, including $305.17 in enforcement costs.
Attached is a copy, of the assessment document explaining this penalty. This action was taken
under the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the
subject of a new enforcement action, including an additional penalty. Furthermore, you should
take immediate and appropriate steps to remove concrete waste from the affected streambed and
restore the stream to a more natural condition.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

2. Submit a written request for remission including a detailed justification for such request: 4
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
_ were wrongfully applied to the detriment of the violator;
(2) ~ whether the violator promptly abated continuing environmental damage resulting from
the violation:
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any'previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be
submitted in writing. The Director of the Division of the Division of Water Quality will review
your evidence and inform you of his decision in the matter of your remission request. The
response will provide details regarding the case status, directions for payment, and provision for
further appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts'form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
[GIs

3. File a petition for an administrative hearing with the Office of Administrative'Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You.may obtain the petition form from the Office of
Administrative Hearings. ' You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
Within five (5) business days following the faxed transmission. The mailing address for the
Office_ of; Administrative Hearings is:.
Office of Administrative Hearings
~ 6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail -Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, .as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection'of the penalty through a civil
action. Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment.
If you have any questions, please contact Mr. Bob Sledge at [phone], extension 547.
Sincerely,
J .:.Kent Wiggins
attachments
cc: rR goiLu l .Off ce
Enforcement File
Central Files

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF:
CAROLINA CONCRETE, INC.
FOR VIOLATIONS OF:
15A NCAC 2B.0200 and
NPDES General Permit NCG 140187
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
FILE No. PC-2003-0321'
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, I, J. Kent Wiggins, of the Division of
Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Concrete, Inc. is a corporation organized and existing under the laws of the State
of North Carolina. Carolina Concrete, Inc., owns and operates a ready mix concrete
facility in Stallings, Union County.
B. NPDES General Permit NCG140000 (process wastewater and stormwater associated with
Ready -Mix concrete facilities) was issued on July 22, 1999, effective August 1, 1999,
with an expiration date of July 31, 2004. Carolina Concrete, Inc. was issued a Certificate
of Coverage (NCG140187) on August 1, 1999, effective from that date until expiration of
the General Permit. Said permit allows Carolina Concrete, Inc. to discharge treated
process wastewater and stormwater from the facility to an unnamed tributary to Davis
Mine Creek, designated as Class C waters of the State in the Catawba River Basin.
C. Part II, Section C of NPDES General Permit NCG140000 states that the pH of discharged
wastewater shall not be less than 6.0 standard units (s. u.), nor greater than 9.0 s.u.
D. On September 25, 2003, staff of DWQ's Mooresville Regional Office conducted an
inspection of the Carolina Concrete, Inc. facility. DWQ staff observed a slurry of
concrete components and associated materials was being discharged from the outfall
structure of Carolina Concrete, Inc.'s settling pond. The slurry had accumulated in a
roadside ditch and in the unnamed tributary to Davis Mine Creek for approximately 1000
feet below the discharge point. Measurements for pH were taken from the discharge and
from the receiving stream. Results of the measurements are included as Attachment A to
this document. Photographs were taken of the conditions observed during the inspection.
E. Title 15A of the North Carolina Administrative Code, Subchapter 2B, Section .0211
(3)(g) states that pH for class C waters "shall be normal for the waters in the area, which
generally shall range between 6.0 and 9.0..." (standard units).
U

Findings and"Decisions
Carolina Concrete, Inc.
Page Two
F. 15A NCAC 2B .0211 (1) states that best usage for Class C waters are "aquatic life
propagation and maintenance of biological integrity (including fishing, and fish), wildlife,
secondary recreation, agriculture and any other usage except for primary recreation or as
a source of water supply for drinking, culinary or food processing purposes."
G. 15A NCAC 2B .0211 (2) states that Class C waters "Will be suitable for aquatic life
and maintenance of biological integrity (including fishing, and fish), wildlife,
propagation Sg g y( g g� )
secondary recreation, agriculture; sources of water pollution which preclude any of these
uses on either a short-term or a long-term basis will be considered a violation of a water
quality standard."
H. Carolina Concrete, Inc., was assessed $3,467.67 on March 12, 2001 for violation of the
- stream standard for pH at the same facility. The penalty was paid in full and the case was
closed on April. 5, 2001.
I. The costs to the State for the enforcement procedures in this matter totaled $305.17
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Concrete, Inc., is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. NPDES General Permit (Certificate of Coverage) NCG140187 is required by G.S. 143-
215.1.
C. By discharging wastewater as described in I. D. and Attachment A, Carolina Concrete,
Inc., violated the effluent limitation for. pH as established by NPDES General Permit
NCG 140187.
D. 15A NCAC 2B .0211 (1) and 15A 2B .0211(3)(g) are water quality standards established
pursuant to N.C.G.S. 143-214.1.
E. Carolina Concrete, Inc., violated 15A NCAC 2B.0211(3)(g) on September 25; 2003 by
causing the stream water quality standard for pH in the unnamed tributary to Davis Mine
Creek to be exceeded.
F. The conditions observed in the unnamed tributary to Davis Mine Creek that resulted from
concrete slurry deposition constituted a preclusion of the stream's best usage.
G. Carolina Concrete, Inc., violated 15A NCAC 2B.0211(1) by causing the streambed of the
unnamed tributary to Davis Mine Creek to be covered with concrete slurry such that best
usage of surface waters was removed.

Findings and Decisions
Carolina Concrete, Inc.
Page Three
H. General Statute 143-215.6A (a) (2) provides that a civil penalty of not more than twenty-
five thousand dollars per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
General Statute 143-215.6A (a) (1) provides that a civil penalty of not more than twenty
five thousand dollars per violation per day may be assessed against a person who violates
any classification, standard, limitation, or management practice established pursuant to
G.S. 143-214.1. 143-214.2 or 143-215.
J. General Statute 143-215.3(a) (9) provides that the reasonable costs of any investigation,
inspection or monitoring survey may be assessed against a person. who violates any
- regulation, standard, or condition of any permit issued pursuant to G.S. 143-215.1 or
special order or other document issued pursuant to G.S. 143-215.2.
K. J. Kent Wiggins, of the Division of Water Quality, pursuant to delegation provided by the.
Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III DECISION:
Accordingly, Carolina Concrete, Inc., is hereby assessed a civil penalty of:
Forte of one (1) violation 15A NCAC 2B.0211(3)(g) by
causing an exceedence of the stream standard for pH on
September 25, 2003
Forte of one (1) violation of the effluent limitation for pH as
established by NPDES General Permit NCG140187.
$ , Oo O For / of one (1) violation of 15A NCAC 2B .0211(1) by
covering the streambed with concrete slurry such that best usage
of surface waters was removed.
$ 305.17
/7
Enforcement costs.
TOTAL AMOUNT DUE
V

y
Findings and Decision
Carolina Concrete, Inc:
Page Four
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S.143B-282.1 (b), which are:
(1) The degree and extent of hams to the ;natural resources of the State, to the public health, or
to private property resulting from the violations;
(2) The -duration and gravity of the violations;
(3) The effect on ground. -or surface water, quantity or quality or on air quality;
(4) The cost of:rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally:
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to.the State of the enforcement procedures.
e
ATE
J. Kent Wiggins
Division of Water Quality

ATTACHMENT A
Carolina Concrete, Inc.
PC-2003-0321
pH Results (Standard Units)
All measurements taken September 25, 2003
Carolina Concrete, Inca discharge
12.15-s.u.
Upstream (unnamed tributary of Davis Mine Creek approximately 75 feet upstream of its
confluence with the roadside ditch that receives the Carolina Concrete, Inc. discharge)
7.68 s. u.
Downstream (unnamed tributary of Davis Mine Creek approximately 450 feet downstream of its
confluence with the roadside ditch that receives the Carolina Concrete, Inc. discharge)
10.44 sm.

STATE OF NORTH CAROLINA
COUNTY OF Union
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Carolina Concrete, Inc.
PERMIT NUMBER NCG170187
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2003-0321
Having been assessed civil penalties, totaling $8.105.17 for violation(s) as set forth -in the assessment
document of -the Director of the Division of Water. Quality dated January 13, 2004, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above=stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence. presented in support of remission
of this civil penalty -must be submitted to the Director of the Division of Water. Quality Within'30
days of receipt of the notice of assessment. No new evidence in support of a remission request will
be allowed after 30 days from the receipt of the notice of assessment.
This the day of , 200_.
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2003-0321 County: Union
Assessed Party: Carolina Concrete, Inc.
Permit Number: NCG170187 Amount Assessed: $8,105.17
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from. performing
the activities necessary to achieve compliance).
EXPLANATION:

�-i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
APR 0 2 2004
6741 CERTIFIED MAIL 7000 1530 0002 2100 8436
RETURN RECEIPT REQUESTED
Mr. Eddie Weatherman
Carolina Concrete, Inc.
P.0.BOX 2.
INDIAN TRAIL NC 28079
Dear Mr. Weatherman:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins,, Deputy Director
Division of Water Quality
APR 0 8 2004
Subject: Remission Request of Civil Penalty AssessrrlenI��'
NPDES Permit Number
Carolina Concrete, Inc.
Union County
Case Number PC-2003-0321
I have considered. the information submitted in support of your request for remission in
accordance with North Carolina General. Statute (N.C.G.S.) § 143-215.6A(f) and have found no
grounds to modify the civil penalty assessment in the amount of $8,105.17.
If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30)
days of receipt of this letter. Please make your check payable to the Department of Environment
and Natural Resources (DENR).
If payment is not received within thirty (30) days of receipt of this letter, in accordance with
N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting
documents) and my recommendation to deny the request (with supporting documentation) will be
delivered to the North Carolina Environmental Management Commission's (EMC) Committee
On Civil Penalty Remissions (Committee) for final agency decision.
Iff you desire to make an oral presentation to the Committee on why your request for remission
meets one or more of the five statutory factors you were asked to address, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Please mail the
completed form to the attention of Bob Sledge at the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center.
Raleigh, NC 27699-1617
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
DENR Customer Service: 1-877-623-6748

Mr. Eddie Weatherman
p. 2
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will
be made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Bob Sledge at [phone], extension 547.
Sincerely,
Alan W. Klimek, P.E.
attachment
cc: Mooresville_Regional-Officer
Enforcement file
Central Files

DWO — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC-2003-0321
Assessed Entity: Carolina Concrete, Inc._,
Region: Mooresville
j County: Union
() Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner;
All applied correctly
() Whether the violator promptly abated continuing environmental damage resulting from the violation;
After the receipt of the Remission Request on February 20, 2004, this Office, conducted an investigation on April 3, 2004
and noted the following: The violator increased the size of the existing wastewater pit and diverted the majority of the
wastewater from the truck wash operation into the pit. However, some of the wastewater is bypassing the pit and discharging
into a ditch leading to Davis Mine Creek. Also, the concrete deposited into Davis Mine Creek has not been removed. It
should also be noted that Mecklenburg County inspector (Michael Burkhard, tel# [phone]) informed this office on
March 29, 2004 that they are in the process of preparing an enforcement recommendation against Carolina Concrete since the
company is operating a concrete facility in Mecklenburg County without a storm water permit.
() . Whether the violation was inadvertent or a result of an accident;
The violations were the result of a long term failure to maintain the wastewater pit.
() Whether the violator had been assessed civil penalties for any previous violations;
Carolina Concrete, Inc., was assessed.$3,467.67 on March 12, 2001 for violation of the streamstandard for pH at the same
facility. The penalty was paid in full and the case was closed on April 5, 2001.
() Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
i
Unlikely.
Decision: (Check One)
Request Denied ✓e)Full Remission Partial Remission Amount Remitted
Date
Alan W. Klimek, P.E.

MEMORANDUM TO:
FROM:
PREPARED BY:
SUBJECT:
November 7, 2003
Bob Sledge -f 6�
D. Rex Gleason
Samar Bou-Ghazale
Enforcement Action
Fast Track (PC-2003-0321)
Violation of N.C. General Statute
143-215.1, 15A NCAC 213.0200, and
NPDES Permit No.NCG140187
Carolina Concrete, Inc.
Union County, NC
Attached please find an enforcement report that details violations by the subject facility. Also
attached is a copy of the facility's response to the Notice of Recommendation for Enforcement. Based on
a review of the response, this office still recommends an enforcement action. Please note that Carolina
Concrete, Inc., was assessed $3467.67 on March 12, 2001 for stream standards violation for pH at the
same facility. This penalty was paid in full. Since that time no apparent changes have been made to
correct problems at the facility. We recommend that this penalty be substantially higher.
If you have any questions, please contact Samar or me.
Attachment

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF:
CAROLINA CONCRETE, INC.
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1,
15A NCAC 2B.0200, AND
NPDES Permit No. NCG140187
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
FILE No. PC-2003-0321
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Alan W. Klimek, P.E.,
Director of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Carolina Concrete, Inc. is a corporation organized and existing under the laws of the State
of North Carolina Carolina Concrete, Inc., owns and operates a ready mix concrete
facility in Stallings, Union County.
B. NPDES General Permit No. NCG140000 was issued on July 22, 1999, effective August 1,
1999, with an expiration date of July 31, 2004. Carolina Concrete, Inc. was issued a
Certificate of Coverage (No. NCG140187) on August 1, 1999, effective from that date
until expiration of the General Permit.
C. North Carolina Administrative Code Title 15A, Chapter 2B.0211(3)(g) states that pH
shall be normal for the waters in the area, which generally shall range between 6.0 and 9.0
standard units (s.u.)
D. On September 25, 2003, staff conducted pH measurements in the receiving stream
(unnamed tributary to Davis Mine Creek) approximately 75 feet upstream of the discharge
point. The stream pH was recorded at 7.68 s.u.
E. On September 25, 2003, staff conducted pH measurements of the discharge from the
settling pond belonging to Carolina. Concrete, Inc. This discharge flows from the pond
into a roadside ditch to an unnamed tributary to Davis Mine Creek. The discharge pH was
recorded at 12.15 s.u.
F. On September 25, 2003, staff conducted pH measurements in the receiving stream
(unnamed tributary to Davis Mine Creek) approximately 450 feet downstream from the
discharge point from Carolina Concrete, Inc's. facility in Stallings. The stream pH was
recorded at 10.44 s.u.

Findings and Decisions
Carolina Concrete, Inc.
Page Two
G. The receiving stream, unnamed tributary of Davis Mine Creek, is classified as Class C
Waters in the Catawba River Basin.
H. Carolina Concrete, Inc's., effluent discharge pH (12.15 s.u.) exceeded the permit limit for
pH of >6.0 to <9.0 standard units on September 25, 2003. The exceedance constitutes a
violation ofNCGS 143-215.1(a)(6) and NPDES Permit No. NCG140187 for pH.
I. Downstream pH level was measured at 10.44 s.u. in the receiving stream (unnamed
tributary of Davis Mine.Creek). The exceedance constitutes a violation of G.S. 143-215.1
and 15A NCAC 2B.0211(3)(g) by discharging waste into the waters of the State in
violation of the Stream Standard for pH of >6.0 to <9.0 s.u.
J. On September 25, 2003, MRO staff observed impacts to approximately 1000 linear feet of
the unnamed tributary of Davis Mine Creek downstream of the discharge point. These
impacts included a slurry of concrete components and associated materials that had
accumulated on the streambed. These impacts constitute a violation of "best usage."
Specifically, 15A NCAC 2B .0211(2) states the following: "...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." The accumulation of the solids on the stream bed impacted the aquatic habitat
of fish and wildlife.
K. Carolina Concrete, Inc., was assessed $3467.67 on March 12, 2001 for stream standards
violation for pH at the same facility. The penalty was paid in full and the case was closed
on April 5, 2001.
L. The costs to the State for the enforcement procedures in this matter totaled $305.17
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Carolina Concrete, Inc., is a "person' within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Carolina Concrete, Inc., violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(g) on
September 25, 2003 by discharging wastewater into the waters of the state in violation of
the stream water quality standard for pH.
C. Carolina Concrete, Inc., violated G.S. 143-215.1 and 15A NCAC 2B.0211(3)(g) on
September 25, 2003 by discharging wastewater into the waters of the state in violation of
NPDES Permit No. NCG140187 limit for pH.

Findings and Decisions
Carolina Concrete, Inc.
Page Three
D. Carolina Concrete, Inc., violated 15A NCAC 2B.0211(3)(g) on September 25, 2003 by
covering the streambed with concrete slurry such that usage of surface waters were
removed, a water quality standard violation.
E. General Statute 143-215.6A (a) (1) provides that a civil penalty of not more than twenty
five thousand dollars per violation per day may be assessed against a person who violates
any classification, standard, limitation, or management practice established pursuant to
G.S. 143-214.1, 143-214.2 or 143-215.
F. General Statute 143-215.3(a) (9) provides that the reasonable costs of any investigation,
inspection or monitoring survey may be assessed against a person who violates any
regulation, standard, or condition of any permit issued pursuant to G.S. 143-215.1 or
special order or other document issued pursuant to G.S. 143-215.2.
G. The Director, Division of Water Quality, pursuant to G.S. 143-215.6A (h), has the
authority to assess civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III DECISION:
Pursuant to G:S. 143-215.6A in determining the amount of the penalty, I have taken into account
the Findings of Fact and Conclusions of Law and considered the factors listed in G. S. 143-282.1.
Accordingly, Carolina Concrete, Inc., is hereby assessed a civil penalty of -
For of one (1) violations of G.S. 143-215.1 and 15A NCAC
2B.0211(3)(g) by discharging waste into the waters of the State in
violation of the Stream Standard for pH on September 25, 2003
$ For of one (1) violations of G.S. 143-215.1 and 15A NCAC
2B.0211(3)(g) by discharging -waste into the waters of the State in
violation ofNPDES Permit No. NCG140187 limitation for pH on
September 25, 2003
For of one (1) violation on September 25, 2003 of 15A
NCAC2B.0211(2) by covering the streambed with concrete slurry
such that usage of surface waters were removed, a water quality
standard violation.
$ 305.17 Enforcement costs.
$ TOTAL AMOUNT DUE

Findings and Decision
Carolina Concrete, Inc.
Page Four
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the
factors listed in G.S.143B-282.1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
DATE Alan W. Klimek, P.E
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: Limit & Stream Standard Violations
Violator: Carolina Concrete, Inc.
Address: 1316 Indian Trail-Waxhaw Road
Indian Trail, N.C. 28079
Registered Agent: Mr. James R McClain
P.O. Box 2
Indian Trail, N.C.- 28079
Regional Office: Mooresville
1.
2.
3.
The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations:
Concrete sediment deposited in the streambed and elevated pH levels in the stream water
could have a detrimental impact on aquatic life/habitat.
The duration and gravity of the violations:
Violations were noted/recorded on September 25, 2003. Degree of impact to aquatic
life/habitat could not be determined.
The effect on ground or surface water quantity or quality or on air quality:
On September 25, 2003, the pH level in an unnamed tributary to Davis Mine Creek
downstream of the discharge from Carolina Concrete, Inc., was measured at 10.44
standard units. Upstream pH level on September 25, 2003 was measured at 7.68 standard
units. 15A NCAC 2B.0200 establishes an acceptable range for pH between 6.0 and 9.0
standard units in surface waters. On September 25, 2003, accumulations of concrete
components and other associated materials were observed on the streambed of an
unnamed tributary to Davis Mine Creek downstream of the discharge, threatening the
aquatic habitat.
4. The cost of rectifying the damage:
The cost of rectifying the damage includes the construction of adequate BMPs. Elevated
pH levels were caused by the deposition of concrete in the stream; therefore, there will be
costs associated with restoring the streambed.

Carolina Concrete, Inc.
Enforcement -Case Assessment Factors
Page Two
5. The amount of money saved by noncompliance:
Money saved would include costs associated with constructing, implementing, and
maintaining proper BMPs and site controls to prevent the discharge of concrete to the
stream.
6. Whether the violations were committed willfully or intentionally:
There is no evidence to suggest that violations were willfully or intentionally committed;
however, Carolina Concrete Inc., may be negligent by failing to.construct and maintain
proper BMPs.
7. The prior record of the -violator in complying or failing to comply with programs .
over which the Environmental Management Commission has regulatory authority:
Carolina Concrete, Inc:, was assessed $3467.67 on March 12, 2001 for stream standard .
violations for pH at .the same facility. The penalty was paid in full and.the case was closed
on April 5, 2001.
8. The cost to the State of the enforcement procedures:
6 hours by investigator for investigation and
preparation of enforcement report at $25.07/hour = $150.40
1 hour by Regional Water Quality Supervisor for = $39.96
review at $39.96/hour
1 hour for clerical support = $14.81
Central Office -review and processing = $100.00
TOTAL COST OF THE ENFORCEMENT PROCEDURES: _ $ 305.17
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Carolina Concrete, Inc., is a large corporation registered and doing business in North
Carolina.
10. Violators degree of cooperation (including efforts to prevent or restore) or
recalcitrance•
Violator has been cooperative.

Enforcement Case Assessment Factors
Carolina Concrete, Inc.
Page Three
11. Mitigating Circumstances:
There does not appear to be any mitigating circumstances.
12. Assessment Factors:
a. IWO N/A
b. Receiving Stream: Unnamed tributary of Davis Mine Creek "C "
c. SOC/JOC status/negotiations: N/A
e. Copy of Limits page in permit: N/A
f. Damage: N/A

CERTIFICATION PAGE
I certify that the information in this. report is true to the best of my knowledge.
Signature of Principal Investigator(s):
Samar Bou-Ghaza�re
DATE: // — v T — 6� �s

CAROLINA CONCRETE, INC.
October 9, 2003
North Carolina Department of Environment
Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Attn: Water Quality Regional Supervisor
D. Rex Gleason P.E.
Re: Notice of Violation
NCGS 143-215.1 (a)(6)
Dear Sirs:
As per your request, this Ietter is in response to the Notice of Violation (Nov) issued as a result of
the investigation conducted on September 25, 2003 by Mr. Samar Bou-Ghazale.
It is the intent of Carolina Concrete, Inc. to stop alI discharge into the unnamed tributary to Davis
Mine Creek. We will do this by building a holding pool at the back of the property that will hold
all of the run off. This will be an open pit with soil as the bottom and will allow the run off to
percolate into the soil. We will also clean the unnamed tributary leading to Davis Mine Creek of
the accumulation of associated concrete materials.
Sincerely yours,
&��' 6,(/
Eddie Weatherman
Carolina Concrete, Inc.
P. O. Box 2 . Indian Trail, N. C. 28079 . 704/821-7645 Phone . [phone] Fax

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o
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department. of Environment and Natural Resources
Mr. Eddie Weatherman
Carolina Concrete, Inc.
P. O. BOX 2
INDIAN TRAIL, NC 28079
February 13, 2004
Alan W. Klimek. P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Aj
ta�v4//�o�G�f�' >�
`51
FEB 2 0 2004
Subject: Remission Request of Civil Penalty Assessment
Carolina Concrete, Inc.
NPDES Permit NCG 140187
Union County
Case Number PC-2003-0321
Dear Mr. Weatherman:
This letter is to acknowledge your request for remission of the civil penalties levied against the
subject facility. Your request will be placed on the agenda of the Director's next scheduled
enforcement conference and you will be notified of the result.
If you have any questions about this matter, please contact me at [phone], extension 547.
Sincerely,
z V
Bob Sledge, Environmental Specialist
Point Source Compliance/Enforcement Unit
cc: Mooresville Regional_Office -w/attachments
Enforcement/Compliance w/originals
Central Files w/attachments
Enforcement File w/3 attachments
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
4V 4'.
�:
:Lt
:tS2t: :. EAR
Customer Service
1-877-623-6748

STATE OF NORTH CAROLINA
COUNTY OF Union
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Carolina Concrete, Inc.
PERMIT NUMBER NCG170187
DEPARTMENT OF ENVIRONMENT
.. AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF. FACTS
FILE NO. PC-2003-0321
Having been assessed civil penalties totaling 8.105.17 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Quality dated January 13. 2004, the undersigned,
desiring, to se.-k r cnni sion of the civil penalties. does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within 30
days of receipt of the notice of assessment. No new evidence in support of a remission request will
be allowed after 30 days from the receipt of the notice of assessment.
This the day of FeLr-Qch- , 2004._
new"Ag"M
'.714_..
ADDRESS
l✓� W..� /
TELEPHONE
604) Sal-7695

s
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2003-0321 County: Union
Assessed Party: Carolina Concrete, Inc.
Permit Number: NCG170187 Amount Assessed: $8,105.17
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative HearinK and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your- request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
conside,ation of the five factors listed belw as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N C G S 143B-282 1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors'are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent fitture
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
See enclosed letter

c
CAROLINA CONCRETE INC
February 9, 2004
Point Source Compliance/Enforcement Unit
N. C. Division of Water Quality
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Transmitted Via Certified Mail, Return Receipt Requested
Subject: Request for Remission of Civil Penalty Assessment for Violations
NPDES General Permit NCG140187
Carolina Concrete, Inc
Case Number PC-2003-0321
Union County
Gentlemen:
7 -
This letter is in response to the notice received from your office dated January 13, 2004. Carolina
Concrete, Inc. has been in business and in the same location in Union County for 32 years. Throughout
this time, Carolina Concrete, Inc. has continually tried to comply with and improve upon all
environmental regulations.
Since the last inspection on September. 25, 2003 by a staff member of DWQ's Mooresville Regional
Office, Carolina Concrete, Inc. has constructed a holding pool for storm water and processed water. This
pool has stopped all discharge from our property into the tributary of Davis Mine Creek. The ditch along
the road has also been cleaned of any and all slurry of concrete components and associated materials
from the outfall.
We are continuing to improve our facilities and invite any of your staff to visit our location and review
the progress that has been made.
The owners and management of Carolina Concrete, Inc. consider ourselves to be environmentally
friendly. We respect the importance of keeping a clean and safe environment and would not intentionally
or willfully cause harm to our environment.
We respectfully request the remission of the assessed penalty. Remission'of this penalty would allow us
to use the money in continued environmental efforts and improvements. If you have any questions, please
telephone me at 704 821-7645. Thank you for your consideration in this matter.
Sincerely,
64(4�' W
Eddie Weatherman
Technical Services Manager
Carolina Concrete, Inc.
P. O. Box 2 . Indian Trail, N. C. 28079 . 704/821-7645 Phone . [phone] Fax
,

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. and Mrs. Isaac Grossman
Whispering Way
4213 Pima Cotton Drive
Charlotte, NC 28226
Dear Mr. and Mrs. Isaac Grossman:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
won of Water Quality
November 18, 2003 zvluF ttSGKLqq
2__ I
i"
SUBJECT: Assessment of Civil Penaltiesy�UU'�
Whispering Way
Union County
File No. SS 2003-0307
General Permit No. NCGO10000
This letter transmits notice of a civil penalty assessed against Isaac and Berta Grossman in the
amount of $29,313.20 which includes $563.20 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpJ/h2o. enr.state. nc. us
!NCD ,
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Grossman
Page 2
November 13, 2003
2. Submit a written request for remission including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil. penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be
submitted in writing. The Director of the Division of the Division of Water Quality will review
your evidence and inform you of his decision in the matter of your remission request.- The
response will provide details regarding the case status, directions for payment, and provision for
further appeal of the penalty to the Environmental Management Commission's Civil Penalty
Remissions Committee. Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to an
Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Linda Fitzpatrick
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617

Grossman
Page 3
November 13, 2003
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed - provided
the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil
action. Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment. If you have any questions, please contact Linda Fitzpatrick
at [phone], extension 526.
Sincerely,
Jeff Po
upart
attachments
cc: �1VIR0-=RexaGleason—
Enforcement File
Central Files
Public Information Officer

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF
ISAAC GROSSMAN and
BERTA GROSSMAN, OWNERS
FOR VIOLATIONS OF
N.C.G.S. 143-215.1
GENERAL PERMIT NO. NCGO10000
15A NCAC 2B .0211(3)(k)
15A NCAC 2H .0500 and
15A NCAC 2B.0211(2)
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT
FILE NO. SS 2003-0307
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I, Jeff Poupart, of the Division of Water Quality (DWQ), make the following:
I. FINDING OF FACT
A. Mr. Isaac Grossman and Mrs. Berta Grossman (hereafter the "Grossmans") are
the landowners of record of the tract known as Whispering Way (Waxhaw
Ridge), located on Helms Road in Waxhaw, Union County, North Carolina.
B. On August 28, 2001 the North Carolina Division of Land Resources approved the
Grossmans erosion and sediment control plan for land disturbing activities at the
site known as Whispering Way.
C. On April 25, 2003 the Grossmans were assessed a civil penalty by the North
Carolina Division of Land Resources for violations of the North Carolina
Sedimentation and Control Act of 1973.
D. In December 2001, the Grossmans were issued'a General Permit No. NCGO10000
for the site in accordance with NCGS 143-215.1(a) and 15A NCAC 2H .0126.
E. On April 22, 2003, DWQ, the Army Corps of Engineers, and the Division of Land
Quality inspected the site and observed stream impacts, four culverted stream
crossings and heavy sedimentation.
F. General Permit No. NCGO10000 issued to the Grossmans for the Whispering
Way Development contained the following condition:
Part I Section A No. 2: Final Limitations and Controls For Stormwater Discharges
The permittee shall implement the plan (Sedimentation and Erosion Control
Plan), which the approval authority has approved. The approved plan is .

considered a requirement or condition of this general permit. Deviation from the
approved plan, or approved amendment to the plan, shall constitute a violation of
the terms and conditions of this general permit except that deviation from the
approved plan will be allowed to correct an emergency situation where sediments
are being discharged off the site even though the approved plan is in effect. Such
a deviation shall be noted on the approved plan maintained at the job site. A
signed copy of the approved plan shall be maintained on the site at all times.
G. During eight (8) inspections (March 12t'; April 2nd, 15`h, 22nd, and 30`�' May 14t',
June 24t`, and July 8, 2003) staff of the Division of Land Resources noted in their
inspection reports the following: Failure to follow the approved plan, failure to
take all reasonable measures, failure to maintain erosion controls devices, and
insufficient control measures.
H. General Permit No. NCGO10000 issued to the Grossmans, contains the following
conditions:
Part I Section B: Minimum Monitoring and Reporting Requirements:
1. All erosion and sediment control facilities shall be inspected by or under
the direction of the permittee at least once every seven -calendar
days ... and within 24 hours after any storm event greater than 0.5 inches of
rain per 24 hour period. A rain gauge shall be maintained on the site and a
record of the rainfall amounts and dates shall be kept by the permittee.
2. Once land disturbance has begun on the site, stormwater runoff discharges
shall be inspected by observation for stormwater discharge characteristics
as defined below at the frequency in #1 above to evaluate the effectiveness
of the pollution control facilities or practices. If any visible sedimentation
is leaving the disturbed limits of the site, corrective actions shall be taken
immediately to control the discharge of sediment outside the disturbed
limits.
3. The operator shall keep a record of inspections. Visible sedimentation
found outside of the disturbed limits shall be recorded and a brief
explanation kept with the records as to the measures taken to control
future releases. Any measures taken to clean up the sediment that has left
the disturbed limits shall also be recorded. These records shall be made
available to DWQ or authorized agent upon request.
I. On May 21, 2003, DWQ issued a Notice of Violation (NOV) and
Recommendation For Enforcement to the Grossmans. DWQ requested that the
Grossmans provide records of the weekly inspections for the sedimentation and
erosion control facilities and to comply with the other requirements contained in
NPDES General Permit No. NCGO10000.

J. As of November 10, 2003, with the exception of rain data received by the
Mooresville office on July 23rd, no records have been provided to DWQ by the
Grossmans in response to the May 21, 2003 NOV. The rainfall records indicate
that 0.5 inches or more occurred on nine (9) days: June 3`d, 6',7`hjuly
2nd,7`h,1Ph, 13 d',19`h and 20'.
K. General Permit No. NCGO10000 issued to the Grossmans contains the following
condition:
Part II Section E. Reporting Requirements
2. The permittee shall give advanced notice to the Director of any planned
changes in the
permitted facility or activity which may result in non-compliance with the general
permit requirements.
L. The surface water quality standard for turbidity is 50 NTU, as set forth in 15A
NCAC 2B .0211(3)(k).
M. The unnamed tributaries to Twelve Mile Creek that are located within the
boundaries of the tract known as Whispering Way are Class C waters within the
Catawba River Basin.
N. On July 15, 2003, DWQ staff collected surface water samples off site for turbidity
from one of the unnamed tributaries below a road crossing at the site.
O. 15A NCAC 2H .0501 requires certifications pursuant to Section 401 of the Clean
Water Act whenever construction or operation of facilities will result in a
discharge into navigable waters, including wetlands, as described in 33 CFR Part
323.
P. 15A NCAC 2H .0502 states any person desiring issuance of the state certification
or coverage under a general certification required by Section 401 of the Federal
Water Pollution Control Act shall file with the Director of the North Carolina
Division of Water Quality.
Q. A search of DWQ records indicates that the Grossmans, failed to apply for and
obtain a 401 Water Quality Certification for the 280 linear feet of stream impacts
at the site known as Whispering Way.
R. The narrative standard for best usage of surface waters, a surface water standard,
is set forth in 15A NCAC 2B .0211 (2).
S. The cost to the State of the enforcement procedures in this matter totaled $563.20

Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. The Grossmans are "persons" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. The unnamed tributaries to Twelve Mile Creek located at the site constitute
waters of the State within the meaning of G.S. 143-212(6).
C. Under G.S. 143-215.1(a)(11), a permit is required to cause or permit discharges
. regulated under G.S. 143-214.7.
D. The above mentioned permit was issued in accordance with G.S. 143-15.1(a)(11)
and 15A NCAC 2H .0126.
E. On eight of eight (8) occasions, the Grossmans violated Part I Section A No. 2 of
General Permit No. NCGO10000 by failing to implement /follow the
Sedimentation and Erosion Control Plan as evidenced by the DLR's inspection
records that confirmed failures to follow the approved plan, insufficient erosion
control measures, and failures to maintain erosion control devices.
F. On nine (9) occasions, the Grossmans violated Part I Section B. of General
Permit No. NCGO10000 by failing to inspect erosion control facilities at the tract
known as Whispering Way and keep a record of the inspections, despite having a
daily rain event in excess of 0.5 inches.
G. The Grossmans violated Part H Section E No. 3 (a) of General Permit No.
NCGO10000 by failing to notify DWQ of activities that resulted in
noncompliance with the general permit requirements despite confirmation and
clear notification of these issues by Division of Land Resources inspectors on
eight (8) occassions.
I. The Grossmans violated Part I Section B. No 1 of General Permit No.
NCGO10000 approximately seven (7) times between June 1 through July 23, 2003
by failing to inspect the erosion control facilities at least once every seven days.
J. On July 15, 2003, the Grossmans violated the turbidity standard pursuant to 15A
NCAC 2B .0211 (3)(k).
K. The Grossmans violated North Carolina Administrative Code 15A .02H .0500 by
failing to apply for and obtain 401 Water Quality Certification for impacts to
stream.

L. The Grossmans violated North Carolina Administrative Code 15A .02B .0211 (2)
(Preclusion of Best Usage) for the excessive deposition of sediment in the streams
and an unapproved road crossing.
M. The Grossmans may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(1), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against a
person who violates any classification, standard, limitation, or management
practice established pursuant to G.S. 143-215, 143-215.1, or 143-215.3.
N. Mr. Isaac Grossman and Mrs. Berta Grossman, owners, may be assessed civil
penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a
civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1, or who violates or
fails to act in accordance with the terms, conditions, or requirements of such
permit or any other permit or certification issued pursuant to authority conferred
by this Part.
O. The State's enforcement cost in this matter may be assessed against the violators
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282(b)(8).
P. Jeff Poupart of the Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources, hasthe
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, the Grossmans are hereby assessed a civil penalty of:
$ for of 8 violations for failure to comply with the approved
erosion and sedimentation control plan as required by Part I
Section A No. 2 of General Permit No. NCGO10000.
$ 000 for - of 9 violations for failing to inspect the erosion control
facilities after having a daily rain event in excess of 0.5 inches and
keep -a record of the inspections as required by Part I Section B. No
1 of the General Permit No. NCGO10000.
$ 9v 0 for of 8 violations of Part II Section E No. 3 (a) of General
Permit No. NCGO10000 for failing to notify DWQ of activities
that resulted in noncompliance with the general permit
requirements.

$ 750 for 3 - of 7 failing to inspect the erosion control facilities at
least once every seven days as required by Part I Section B. No 1
of the General Permit No. NCGO10000
$
$ `i.rgoo
$ 2.5.750
563.20
for f of one (1) violation of the turbidity standard pursuant to
15A NCAC 2B .0211 (3)(k).
for failure to obtain a Water Quality Certification from DWQ prior
to impacting waters of the state in violation of NCAC .02H .0500.
for violation of NCAC 02B .0211 (2) (Preclusion of Best Usage)
for the excessive sediment deposition in the streams.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A.
Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the
factors set out in G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
'6 v 03
Date Jeff Poupart
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF Union
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
Isaac Grossman and Berta Grossman )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADNHMSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. SS 2003-0307
Having been assessed civil penalties totaling $29,313.20- for violations) as set forth in the
assessment document of the Division of Water Quality dated November 13, 2003, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE
u

WATER QUALITY SECTION
August 25, 2003
Memorandum:
TO: Kent Wiggins
FROM: D. Rex Gleason
PREPARED BY: Alan D. Johnson
SUBJECT: Enforcement Recommendation
Whispering Way Subdivision, Waxhaw
Violation ofN.C.G.S. 143-215.1,
15A NCAC 2B .0211(3)(K) and
Stormwater Permit No. NCGO10000
Union County, NC
Enclosed is an enforcement recommendation package for the Whispering Way Subdivision
in Waxhaw, NC. Mr. Alan Johnson of this Office conducted an initial site inspection on
April 22, 2003. A Notice of Violation with a Recommendation For Enforcement was issued
on May 21, 2003 for the following:
• Failure to obtain a 401 Water Quality Certification for the stream impacts.
• Violation of North Carolina's water quality stream turbidity standard.
• Violation of North Carolina's water quality standard for Best Usage.
• Violation of the subject general stormwater permit:
-- Failure to follow the approved sediment and erosion control plan.
-- Failure to maintain proper records.
-- Failure to inspect the sediment and erosion control structures at least once every seven days.
-- Failure to inspect the sediment and erosion control measures following a 0.5-inch rain event.
-- Failure to notify DWQ of activities that resulted in noncompliance with the permit.
In addition to the above, the Division of Land Resources has also proceeded with enforcement
against the developer of Whispering Way.

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF UNION FILE NO. SS 00-
IN THE MATTER OF )
ISAAC GROSSMAN and )
BERTA GROSSMAN, OWNERS )
FINDINGS AND DECISION
FOR VIOLATIONS OF ) AND ASSESSMENT OF
N.C.G.S. 143-215.1 ) CIVIL PENALTIES
PERMIT CONDITIONS OF
GENERAL PERMIT NO. NCGO 10000
15A NCAC 2H .0500
AND 15A NCAC 2B .0211(3)(k) .
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I, J. Kent Wiggins, of the Division of Water Quality (DWQ), make the following:
I. FINDING OF FACT
A. Mr. Isaac Grossman and Mrs. Berta Grossman (hereafter the "Grossmans") are the
landowners of record of the tract known as Whispering Way (Waxhaw Ridge), located on
Helms Road in Waxhaw, Union County, North Carolina.
B. On August 28, 2001 the North Carolina Division of Land Resources approved the
Grossmans erosion and sediment control plan for land disturbing activities at the site
known as Whispering Way.
C. On April 25, 2003 the Grossmans were assessed a civil penalty by the North Carolina
Division of Land Resources for violations of the North Carolina Sedimentation and
Control Act of 1973.
D. The Grossmans, failed to apply for and obtain a 401 Water Quality Certification for the
280 linear feet of stream impacts at the site known as Whispering Way.
E. In December 2001, the Grossmans were issued a General Permit No. NCGO10000 for the
site in accordance with NCGS 143-215.1(a) and 15A NCAC 2H .0126.
F. General Permit No. NCGO10000 issued to the Grossmans for the Whispering Way
Development contained the following condition:
Part I Section A No. 2: Final Limitations and Controls For Stormwater Discharges
The permittee shall implement the plan (Sedimentation and Erosion Control Plan),
which the approval authority has approved. The approved plan is considered a
requirement or condition of this general permit. Deviation from the approved plan, or
approved amendment to the plan, shall constitute a violation of the terms and conditions
of this general permit except that deviation from the approved plan will be allowed to
correct an emergency situation where sediments are being discharged off the site even
though the approved plan is in effect. Such a deviation shall be noted on the approved
plan maintained at the job site. A signed copy of the approved plan shall be maintained
on the site at all times.

G. During eight (8) inspections (March 12''; April 2°d, 151', 22nd, and 301' May 14`y', June
24'', and July 8, 2003) staff of the Division of Land Resources noted in their inspection
reports the following: Failure to follow the approved plan, failure to take all reasonable
measures, failure to maintain erosion controls devices, and insufficient control measures.
H. General Permit No. NCGO 10000 issued to the Grossmans, contains the following
conditions:
Part I Section B: Minimum Monitoring and Reporting Requirements:
1. All erosion and sediment control facilities shall be inspected by or under the
direction of the permittee at least once every seven -calendar days ... and within 24
hours after any storm event greater than 0.5 inches of rain per 24 hour period. A
rain gauge shall be maintained on the site and a record of the rainfall amounts
and dates shall be kept by the permittee.
2. Once land disturbance has begun on the site, stormwater runoff discharges shall
be inspected by observation for stormwater discharge characteristics as defined
below at the frequency in #1 above to evaluate the effectiveness of the pollution
control facilities or practices. If any visible sedimentation is leaving the
disturbed limits of the site, corrective actions shall be taken immediately to
control the discharge of sediment 'outside the disturbed limits. -"
The operator shall keep a record of inspections. Visible sedimentation found
outside of the disturbed limits shall be recorded and a brief explanation kept with
the records as to the measures taken to control future releases. Any measures
taken to clean up the sediment that has left the disturbed limits shall also be
recorded. These records shall be made available to DWQ or authorized agent
upon request.
I. On May 21, 2003, DWQ issueda Notice of Violation (NOV) and Recommendation For
Enforcement to the Grossmans, for violation of conditions of General Permit No.
NCGO10000. DWQ requested that the ,Grossmans provide records of the weekly
inspections for the sedimentation and erosion control facilities and to comply with the
other requirements contained in NPDES General Permit No. NCGO 10000.
J. As of July 30, 2003, with the exception of rain data received by the Mooresville office on
July 23rd, no records have been provided to DWQ by the Grossmans in response to the
May 21, 2003 NOV.
K. General Permit No. NCGO 10000 issued to the Grossmans contains the following
condition:
Part H Section E. Reporting Requirements
2. The permittee shall give advanced notice to the Director of any planned changes in the
permitted facility or activity which may result in non-compliance with the general permit
requirements.
L. The surface water quality standard for turbidity is 50 NTUs , as set forth in 15A NCAC
2B .0211(3)(k).
M. The unnamed tributaries to Twelve Mile Creek that are located within the boundaries of
the tract known as Whispering Way are Class C waters within the Catawba River Basin.

N. On July 15, 2003, DWQ staff collected surface water samples off site for turbidity from
one of the unnamed tributaries below a road crossing at the site.
O. The cost to the State of the enforcement procedures in this matter totaled $ 563.20
Based upon the above Finding of Fact, I make the following:
H. CONCLUSION OF LAW
A. The Grossmans are "persons" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The unnamed tributaries to Twelve Mile Creek located at the site constitute waters of the
State within the meaning of G.S. 143-212(6).
C. Under G.S. 143-215. 1 (a)(1 1), a permit is required to cause or permit discharges regulated
under G.S. 143-214.7.
D: The above mentioned permit was issued in accordance with G.S. 143-215.1(a)(11) and
15A NCAC 2H .0126.
E. On eight of eight (8) occasions, the Grossmans violated Part I Section A No. 2 of General
Permit No. NCGO10000 by failing to implement /follow the Sedimentation and Erosion
Control Plan as evidenced by the DLR's inspection records that confirmed failures to
follow the approved plan, insufficient erosion control measures, and failures to maintain
erosion control devices.
F. On nine (9) occasions, the Grossmans violated Part I Section B. No. 1 of General Permit
No. NCGO 10000 by failing to inspect erosion control facilities at the tract known as
Whispering Way, despite having a daily rain event in excess of 0.5 inches.
G. The. Grossmans violated Part I Section B No. 3 of General Permit No. NCGO10000 by
failing to record inspections of the sedimentation and erosion control measures.
H. The Grossmans violated Part H Section E No. 3 (a) of General Permit No. NCGO10000
by failing to notify DWQ of activities that resulted in noncompliance with the general
permit requirements despite confirmation and clear notification of these issues by
Division of Land Resources inspectors.
I. The Grossmans violated Part I Section B. No 1 of General Permit No. NCGO10000
By failing to inspect the erosion control facilities at least once every seven days.
I. On one occasion, the Grossmans violated the turbidity standard pursuant to 15A NCAC
2B .0211 (3)(k).
J. The Grossmans violated North Carolina Administrative Code 15A .02H .0500 by failing
to apply for and obtain 401 Water Quality Certification for impacts to stream.
K. The Grossmans violated North Carolina Administrative Code 15A .02B .0211 (2)
(Preclusion of Best Usage) for the excessive deposition of sediment in the streams
resulting in the destruction of aquatic plant/animal habitats.

L. The Grossmans may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who violates any
classification, standard, limitation, or management practice established pursuant to G.S.
143-215, 143-215.1, or 143-215.3.
M. Mr. Isaac Grossman and Mrs. Berta Grossman, owners, may be assessed civil penalties in
this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit required by
G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
N. The State's enforcement cost in this matter may be assessed against the violators pursuant
to G.S. 143-215.3(a)(9) and G.S. 143B-282(b)(8).
O. J. Kent Wiggins of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, the Grossmans are hereby assessed a civil penalty of:
$ for of 8 violations for failure to comply with the approved erosion
and sedimentation control plan as required by Part I Section A No. 2 of
General Permit No. NCGO 10000.
for of 9 violations for failing to inspect the erosion control
facilities after having a daily rain event in excess of 0.5 inches as
required by Part I Section B. No 1 of the General Permit No.
NCGO10000.
$ for violation of Part I Section B No. 3 of General Permit No.
NCGO10000 for failing to conduct and keep a record of the required
weekly inspections.
$ for violation of Part H Section E No. 3 (a) of General Permit No.
NCGO10000 for failing to notify DWQ of activities that resulted in
noncompliance with the general permit requirements.
$ for failing to inspect the erosion control facilities at least once every
seven days as required by Part I Section B. No 1 of the General Permit
No. NCGOl0000
$ for of one (1) violation of the turbidity standard pursuant to 15A
NCAC 2B .0211 (3)(k).
$ for failure to obtain a Water Quality Certification from DWQ prior to
impacting waters of the state in violation of NCAC .02H .0500.
$ for violation of NCAC 02B .0211 (2) (Preclusion of Best Usage) for the
excessive sediment deposition in the streams.

$ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A.
$ 563.20 Enforcement Cost
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors set out
in G.S. 143B-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date J. Kent Wiggins
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE FACTORS
Type: Violations of NPDES General Stormwater Permit conditions for construction,
surface water standards, and water quality certification.
Violator: Mr. Isaac Grossman and Mrs. Berta Grossman, owners
Address: 4213 Pima Cotton Dr.
Charlotte, NC
Location: Whispering Way Development
Helms Rd., Waxhaw, Union County, NC
Regional Office: Mooresville
1. The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
Issaac and Berta Grossman (Grossmann) are the owners of a tract, known as the Whispering
Way Subdivision, located on Helms Road in Union County, NC.
Impacts from sedimentation occurred from the construction/development at this site.
Specifically, greater than 500 linear feet of stream was impacted by sedimentation. This
included streamside riparian areas as well as direct deposition of sediment to two separate
unnamed tributaries to Twelve Mile Creek. The riparian areas and streams typically had five
(5) to ten (10) inches of sediment impact (depth of sediment in the most severe places was
greater than 12 inches).
2. The duration and gravity of the violations;
This Division of Land Resources (DLR) approved a modified Erosion and Sediment Control
Plan for this site on August 28, 2001. DLR conducted inspections of this site on March 12`h,
April 2nd, 15", 22nd, and 30th, May 14`h, June 24`h, and July 8, 2003. The DLR issued a Notice of
Violation (NOV) for prior problems at the site on June 11, 2002 and October 4, 2002.
The Division of Water Quality (DWQ) issued a NOV on May 21, 2003. Despite these issues
and numerous visits by DENR staff, enormous amounts of off -site sedimentation occurred to
riparian areas and streams. In addition monitoring and notification efforts, pursuant to the
Stormwater Permit NCGO10000 for construction sites, were not conducted properly as follows:
Eight (8) failures to comply with the Erosion and Sediment Control plan (as confirmed by site
inspection reports from DLR), and nine (9) failures to sample within 24 hours of a rain event
that was in excess of 0.5 inches (based on rain data submitted by Mr. Grossman).
Further, the NOV issued by the DWQ on May 21, 2003 requested that the owner apply for a 401
Water Quality Certification. As of this date, no application has been received.

3. The effect on ground or surface water quantity or quality or on air quality;
Impacts from sedimentation occurred from the construction/development at this site. The
buffer and streams had deposition impact of five (5) to ten (10) inches of sediment. As such, the
riffle pools, streambed substrate, and the respective biotic habitat available for aquatic life had
been blanketed/covered by sediment.
It should be noted that sediment can impact surface water through several ways, some are: (1)
Scouring or physical abrasion of the stream channel that influences aquatic biota (primary
producers, periphyton, and heterotrophic decomposers); (2) Clogging of fish gills which are
critical for respiration; (3) Increased purification cost for drinking water; (4) Degradation of
wildlife habitats; (5) Decreased water storage in reservoirs; (6) Increased cost of culvert and
bridge maintenance (which results in an increased frequency of dredging and flooding); and (7)
Increased turbidity (this restrict light from the water column thus inhibiting photosynthesis for
plant growth and reproduction).
4. The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to provide. The main costs
would result from the removal of sediment and the reestablishment of the riparian areas. The
cost associated with damage to the aquatic habitat is unknown.
5. The amount of money saved by noncompliance;
The failure to implement proper sediment controls, the failure to conduct sediment control
monitoring and recording, and the failure to follow the conditions of the stormwater permit
represent expenses that were avoided by the developer. The dollar amount is unknown.
6. Whether the violations were committed willfully or intentionally;
In August 2001, the Grossman and their engineer were contacted by the DWQ regarding the
need to apply for a 401 Water Quality Certification. A review of DWQ files indicates that no
application was ever received. There is no indication that any records as required by the
stormwater permit were maintained. Failure/inability to achieve compliance, after significant
efforts by DLR and DWQ, merits concern.
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
DWQ has had no previous dealings with the Mr. and Mrs. Grossman. However, the Grossman
were issued six (6) NOVs by the DLR for construction activities at another construction site.
8. The cost to the State of the enforcement procedures.
Central Office Review and Processing = $ 100.00
18 hours by investigators for investigating and
drafting report(s) @ 18.24/hr. = $ 328.32
3.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. = $ 119.88
1 hour for clerical support @ $15.00/hr. = 15.00
TOTAL = $ 563.20
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
The Grossman are in a business involved in the development of a residential subdivision
known as Whispering Way.

10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
Since the initial site visit by the DWQ in April 2003, the Grossman have not yet complied
with the general stormwater permit, with the exception of providing rain data for June and
July 2003. The initial impacts observed in the streams have not been corrected and the site
continues to be out of compliance with the DLR. The Grossmans also have not applied for an
after -the -fact 401 Water Quality Certification. '
1. Mitigating circumstances:
None.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: Two unnamed tributaries to Twelve Mile Creek
c) Damage: Stream standard violations, NPDES condition violations,
sediment impacts to creek and riparian areas

4. The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to provide. The main
costs would result from the removal of sediment and the reestablishment of the riparian
areas. The cost associated with damage to the aquatic habitat is unknown.
5. The amount of money saved by noncompliance;
The failure to implement proper sediment controls, the failure to conduct sediment
control monitoring and recording, and the failure to follow the conditions of the
stormwater permit represent expenses that were avoided by the developer. The
dollar amount is unknown.
6. Whether the violations were committed willfully or intentionally;
In June 2002, staff from the Mooresville Office visited the site to discuss the impacts
and the need for a 401 Water Quality Certification. In November 2002, J&B
Development was issued a letter stating that a Water Quality Certification was required
prior to any impacts to the stream channel and/or wetland. A 401 application was
received in May 2002 and an initial inspection of the site was conducted on June 23d.
At the time of the inspection, all road crossing had been installed (prior to issuance of
the 401) and work at the site was proceeding on other areas of the project even though
"the -sediment and erosion control 'fneaSuies­wi ere not functioning as "designed. A
subsequent inspection on July 29fl', revealed that further impacts had occurred to a
stream channel for the construction of a sewer line crossing in excess of the allowable
impact.
In March 2001, staff from this office conducted an investigation at another J & B
development (Rocky River Crossing) in Cabarrus County. It was observed that stream
impacts had occurred from the construction of three road crossings. The Corporation
failed to apply for and obtain a 401 Water Quality Certification from the DWQ for these
impacts as well.
There appears to be a blatant disregard for following the state water quality regulations.
The crossings were already constructed (without approval) even though they had
received prior notification of DWQ requirements and a 401 application had been
submitted. The submittal of the application indicates that J & B Development were just
"going through the motions" of compliance.
Behavior such as this merits concern.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
In March 2001, staff from this office conducted an investigation at another J & B
development (Rocky River Crossing) in Cabarrus County. It was observed that
stream impacts had occurred from the construction of three road crossings. The
Corporation failed to apply for and obtain a 401 Water Quality Certification from the
DWQ.

8. The cost to the State of the enforcement procedures.
Central Office Review and Processing = $ 100.00
15 hours by investigators for investigating and
drafting report(s) @ 18.24/hr. _ $ 273.60
3.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. _ $ 119.88
1 hour for clerical support @ $15.00/hr. _ S 15.00
TOTAL = $ 508.48
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
J & B Development and Management, Inc. is a business involved in the development
of commercial projects and residential subdivisions.
10. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
This office had no comment to offer.
11. Mitigating circumstances:
- This office has no mitigating circumstances or comments to offer.
12. Assessment Factors:
a) IWC:
b) Receiving Stream:
c) Damage:
NA
Three unnamed tributaries to Rocky River
Stream standard violations, NPDES condition
violations, sediment impacts to creek and
riparian areas

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman, Owner
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
1. Project location: Helms Road-Waxhaw Pictures: Yes: X No: Prints: Slides: Video: Digital: X
2. Weather and soil conditions: Sunny 60-70s workable Initial inspection: Yes: X No:
3. Is site currently under notice of violation? , Yes: No: X
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X if no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C413.0107(c) X g. Inadequate buffer zone, G.S. 113A-57(1)
X b. Failure to follow approved plan, G.S. I I3A-61.1 h. Graded slopes and fills too steep,
G.S. I I3A-57(2) or 15A N.C.A.C. 413.0124(d)
c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.0118(a) i. Unprotected exposed slopes, G.S. 113A-57(2)
d. Failure to provide adequate groundcover, G.S. 113A-57(3) and X j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0007(b) or 15A N.C.A.C. 4B.0124(e) 15A N.C.A.C. 413.0113
X e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.C.4B0105
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: Other property:
Description: Into several tributaries throughout the site .
Degree of damage: slight: moderate: X severe
7. Contact made with (name): Isaac Grossman Title: Owner
Inspection report given: or sent: X to person financially responsible. Date given/sent:
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan.
2) Maintain and repair all measures such that they will be adequate to. retain sediment on site. Meausres which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
Comments:
The site is not in compliance with the SPCA. Measures have either not been installed or they have not been maintained. There is no
evidence that any of the measures installed are adequate. Many basins shown on the plan have not been installed. These include, but may
not be limited to basins 5, 19, 20, 28, 11, 10, 27, 26, 9, 8, 25, 6, and 7. All other basins, if they have been installed, are not maintained and
several have breached.
Significant amounts of sediment has left the site and entered tributaries.
Ditches have not been maintained and erosion has occurred.
A groundcover sufficient to restrain erosion has not been provided. Please provide an adequate groundcover to all graded areas in which no
additional grading will occur within 15 days.
A Notice of Violation will be sent and Water Quality will be informed.
Report by: Susan Yates Others present: Steve Allred
Date of inspection: March 12, 2003 Time arriving on site: 10:30 Time leaving site: 12:30
cc: DWQ

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural Resources -
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman, Owner
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
1. Project location: Helms Road-Waxhaw Pictures: Yes: X No: Prints: Slides: Video: Digital: X
2. Weather and soil conditions: Sunny 60-70s workable Initial inspection: Yes: X No:
3. Is site currently under notice of violation? Yes: No: X
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C413.0107(c) X
X b. Failure to follow approved plan, G.S. 113A-61.1
X c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.0118(a)
d. Failure to provide adequate groundcover, G.S. 113A-57(3) and X
15A N.C.A.C. 4B.0007(b) or 15A N.C.A.C. 413.0124(e)
X e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
X f. Failure to take all reasonable measures, 15A N.C.A.C.4130105
g. Inadequate buffer zone, G.S. 113A-57(1)
IL Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
i. Unprotected exposed slopes, G.S. 113A-57(2)
j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0113
k. Other (describe)
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: X Other property: X
Description: Into several tributaries throughout the site, off the site, and onto the adjacent property
Degree of damage: slight: moderate: X severe: X (below I' creek crossing)
7. Contact made with (name): Title:
Inspection report given: or sent: X to person financially responsible. Date given/sent:
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan.
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
Comments:
Site is not in compliance. Some measures have been installed, but they are not installed properly. The installation of the measures is to
follow the detail outlined by the engineer. This includes a properly sized basin with a properly installed weir section. Rip rap and gravel
piled up is not acceptable. Please follow details.
Sediment is continuing to flow off site. This includes the areas where the ditchlines are eroding along with areas where the fill above the
culverts is eroding.
Please make sure all measures, including the culverts are installed properly.
Maintain all measures. When cleaning out the basins, you must make sure that the excess sediment is placed in an area where it will not flow
into creeks or off site. This includes, but is not limited to traps 16 and 1. The basins are to be reworked such that they are adequate.
Additional areas which have been cleared and/or graded are to have measures installed to keep sediment on site and out of the creeks. This
includes the additional lots which have been graded and the additional graded areas between Alston Court and Brainard Court.
Rip rap aprons are to be installed as required at the culvert outlets.
Report by: Susan Yates z Others present:
Date of inspection: April F, 2003 Time arriving on site: 8:45 Time leaving site: 10:45
cc: DWQ

SEDIMV ,ATION INSPECTION ' EPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman and wife Berta, Owners
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
.1. Project location: Helms Road-Waxhaw . Pictures: Yes: X No: Prints: Slides: Video: Di.ital: X
2. Weather and soil conditions: Sunny 70s workable Initial inspection: Yes: X No:
3. Is site currently under notice of violation? Yes: X No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C413.0I07(c) X g. Inadequate buffer zone, G.S. 113A-57(1)
X b. Failure to follow approved plan, G.S. 113A-61.1 h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(d)
X c. Failure to submit revised plan, G.S. I I3A-54.1(b) and
15A N.C.A.C. 413.0118(a) i. Unprotected exposed slopes, G.S. I I3A-57(2)
d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and X j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0007(b) or 15A N.C.A.C. 413.0124(e) 15A N.C.A.C. 413.0113
X e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.CA130105
i
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: X Other property: X
Description: Into several tributaries throughout the site, off the site, and onto the adjacent property
Degree of damage: sligitt: moderate : severe: X
7. Contact made with (name): Isaac Grossman Title: Owner --7
Inspection report given: or sent: X to person financially responsible. Date given/sent: / , X3
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan.
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment -on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
4) Provide a groundcover to all graded areas in which no additional grading will take place within 15 days.
Comments:
Site is not in compliance. Measures have not been maintained and measures have not been installed correctly. It does not appear that any
additional work has been done on the site in regard to sediment and erosion control since previous inspection, except possibly the piece of
plywood used at the downstream slope of road crossing 1 to act as a headwall.
Danny Smith and I walked along several tributaries so he could determine which ones were jurisdictional. It appears that there are
approximately 500 feet of jurisdictional stream segments which have been impacted. The off site sediment damage is severe.
We spoke with Mr. Grossman and Danny Smith stated that the site was in serious trouble. I discussed the issues of properly installing
measures and getting a revised plan in. He stated that he knew what to do for Land Quality.
Report by: Susan Yates Others present: Doug Miller, Danny Smith- DWQ
Date of inspection: April 15, 2003 Time arriving on site: 2:20 Time leaving site: 4:00
cc: DWQ

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman and wife Berta, Owners
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
1. Project location: Helms Road-Waxhaw Pictures: Yes: X No: Prints: Slides: Video: Digital: X.
2. Weather and soil conditions: Sunny 70s workable Initial inspection: Yes: No: X
3. Is site currently under notice of violation? Yes: No: X
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. I I3A-57 (4) and 15A N.C.A.C413.0I07(c) X g. Inadequate buffer zone, G.S. I I3A-57(1)
X b. Failure to follow approved plan, G.S. 113A-61.1 h. Graded slopes and fills too steep,
G.S. I I3A-57(2) or 15A N.C.A.C. 4B.0I24(d)
X c. Failure to submit revised plan, G.S. I I3A-54.1(b) and
15A N.C.A.C. 413.0118(a) X i. Unprotected exposed slopes, G.S. I I3A-57(2)
X d. Failure to provide adequate groundcover, G.S. 113A-57(3) and . X j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0007(b) or 15A N.C.A.C. 4B.0124(e) 15A N.C.A.C. 413.0113
X e. Insufficient measures to retain sediment on site, G.S. I I3A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.C.4130105
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X lake/natural watercourse off the tract: X Other property: X
Description: Into several tributaries throughout the site, off the site, and onto the adjacent property
Degree of damage: slight: X moderate: severe: X (cumulative)
7. Contact made with (name): Mr. Tony Vaverick Title: Home builder
Inspection report given: or sent:. X to person financially responsible. Date given/sent:
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan and any additional
measures necessary to keep sediment on site.
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
4) Provide a groundcover to all graded areas, especially the ditch lines.
Comments: Partial inspection
The site is not in compliance. It does not appear that any additional work on sediment and erosion control has been performed. The
sediment traps installed are not adequate. No groundcover has been provided as requested and required. Erosion of graded areas continue.
Water Quality and ACOE were on site to determine which drainage features are jurisdictional. The purpose for this inspection was to guide
DWQ and ACOE through the site.
The next full inspection of the site will be next week on Wednesday April 30, 2003 between 9:15 — 10:00 am.
Report by: Susan Yates Others present: Alan Johnson-DWQ, Steve Chapin - ACOE
Date of inspection: April 22, 2003 Time arriving on site: 12:45 Time leaving site: 2:00
cc: DWQ, ACOE

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural. Resources
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman and wife Berta, Owners
Address: 4213 Pima Cotton Drive Charlotte, NC 28226 '
1. Project location: Helms Road-Waxhaw Pictures: Yes: X No: Prints: Slides: Video: Digital: X
2. Weather and soil conditions: Sunny 70s workable Initial inspection: Yes: No: X
3. Is site currently under notice of violation? Yes: X No:
4. Is the site in compliance with S.P.C.A: and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C413.0107(c) X g. Inadequate buffer zone, G.S. I I3A-57(1)
X b. Failure to follow approved plan, G.S. I I3A-61.1 h. Graded slopes and fills too steep,
G.S. I I3A-57(2) or 15A N.C.A.C. 413.0124(d)
X c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.0118(a) X i. Unprotected exposed slopes, G.S. 113A-57(2)
X d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and X j. Failure to maintain erosion control measures,
15A N.C.A.C. 4B.0007(b) or 15A N.C.A.C. 4B.0124(e) 15A N.C.A.C. 4B.0113
X e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.CAB0105
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No: .
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: X Other property. X
Description: Into several tributaries throughout the site, off the site, and onto the adjacent property
Degree of damage: slight: X moderate: severe: X (cumulative)
7. Contact made with (name): Isaac Grossman Title: Owner
Inspection report given: . or sent: X to person financially responsible. Date given/sent:
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan and any additional
measures necessary to keep sediment on site. r-
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
4) Provide a groundcover to all graded areas, especially the ditch lines.
Comments:
The site is not in compliance.
Some work has been performed. Diversions have been installed in some areas, such as to sediment trap 2. Some working of the ditch lines
has been performed. Some seeding and mulching has occurred on the sediment trap berms and ditch lines along the road. But the site is still
not in compliance.
Sediment traps have not been installed correctly or they have not been maintained properly. The lowest point of the structure is to be the
middle of the weir section such that sediment and water cannot cut into the berm itself. Proper volume is essential.
No revised plan has been submitted to this office as of today.
Sediment has left the site and entered the creeks on and off the property.
Mr. Grossman asked for additional time to comply. Steve Allred stated that was not up to us.
The off site sediment should be cleaned up with the permission of the downstream land owners.
A Notice of Continuing and Additional Violations will be sent.
Report by: Susan Yates Others present: Steve Allred, Aaron Otten
Date of inspection: April 30, 2003 Time arriving on site: 9:30 Time leaving site: 11:00
cc: DWQ, ACOE

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural -Resources
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman and wife Berta, Owners
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
1. Project location: Helms Road-Waxhaw Pictures: Yes: X No: Prints: Slides: Video: Digital: X
2. Weather and soil conditions: Mostly Sunny 70s workable Initial inspection: Yes: No: X
3. Is site currently under notice of violation? Yes: X No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C413.0107(c) X g. Inadequate buffer zone, G.S. 113A-57(1)
b. Failure to follow approved plan, G.S. 113A-61.1 h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0I24(d)
X c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.0118(a) X i. Unprotected exposed slopes, G.S. 113A-57(2)
X d. Failure to provide adequate groundcover, G.S. 113A-57(3) and X j. Failure to maintain, erosion control measures,
15A N.C.A.C. 413.0007(b) or 15A N.C.A.C. 413.0124(e) 15A N.C.A.C. 413.0113
X e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.C.4130105
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: X Otherproperty: X
Description: Into several tributaries throughout the site, off the site, and onto the adjacent property
Degree of damage: slight: X moderate: severe: X (cumulative)
7. Contact made with (name): Title:
Inspection report given: or sent: X to person financially responsible. Date given/sent:
8: Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan and any additional
measures necessary to keep sediment on site.
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
4) Provide a groundcover to all graded areas, especially the ditch lines.
Comments:
The site is still not in compliance. Additional sediment traps have been installed, but they are not installed properly. The additional traps .
have been installed along the north side of Katherine Antoon Circle. Also, an additional trap has been installed near lot 23. The weir
sections of the additional measures are not installed as required by the plan. Please refer to the construction details and the NC Sedimentation
and Erosion control Design Manual. The berms are not compacted, and should be. It is unclear whether the volume and surface area
provided is adequate.
Measures previously installed are not being maintained. Measures need to be cleaned out. This is to include, but is not limited to trap 1, 3,
28, 26, 10, and 35.
Grass seed has been hand broadcast over some of the ditches and slopes, but the ground has not been prepared. No fertilizer or mulch has
been used, and seed was strewn into gullies without any repair. Hay bales had been placed in the ditch lines, but they are neither allowed for
sediment and erosion control nor are they working to slow down the water.
The revised plan submitted on May5, 2003 was disapproved. Please resubmit an adequate plan which shows actual field conditions and
proper measures.
No equipment was working at the time of inspection. A front end loader was being worked on, and has sat in the same spot for several
inspections.
Report by: Susan Yates Others present: Steve Allred
Date of inspection: May 14, 2003 Time arriving on site: 9:15 Time leaving site: 11:45
cc: DWQ, ACOE

SEDIMENTATION INSPECTION REPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba
Person financially responsible: Isaac Grossman and wife Berta, Owners
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
1. Project location: Helms Road-Waxhaw . Pictures: Yes: X No: Prints: Slides: Video: Digital: X
2. Weather and soil conditions: Sunny 80s workable Initial inspection: Yes: No: X
3. Is site currently under notice of violation? Yes: X No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. I I3A-57 (4) and 15A N.C.A.C413.0I07(c)
b. Failure to follow approved plan, G.S. l 13A-61.1
X c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.0118(a)
X g. Inadequate buffer zone, G.S. I I3A-57(1)
h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
X i. Unprotected exposed slopes, G.S. 113A-57(2)
X d. Failure to provide adequate groundcover, G.S. 113A-57(3) and X - j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0007(b) or 15A N.C.A.C. 4B.0124(e) 15A N.C.A.C. 413.0113
X e. Insufficient measures to retain sediment on site, G.S. I I3A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.CAB0105
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: X Other property. X
Description: Into several tributaries throughout the site, off the site, and.onto the adjacent property
Degree of damage: slight: X moderate: severe: X (cumulative)
7. Contact made with (name): Isaac Grossman Title: Owner
Inspection report given: or sent: X to person financially responsible. Date given/sent:
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan and any additional
measures necessary to keep sediment on site.
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
4) Provide a groundcover to all graded areas, especially the ditch lines.
Comments:
The site is still out of compliance. Two of the sediment traps have been partially cleaned out, traps 15 and 23. Both of these traps were
measured and were not to adequate volume. The volumes shown on the plan approved with modifications on August 28, 2001 show the
volumes required by all traps to be the same. Please provide an approvable revised plan to show all field conditions and drainage areas.
Several traps are in need of maintenance. These include but are not limited to traps 29, 16, and 1. Slopes have not been provided with a
groundcover adequate to restrain erosion. Please prep the slopes and provide a groundcover. Additional measures are needed on Deveron
Dr. The slopes are failing and sediment is flowing into the creek below.
Additional measures have been installed along Katherine Antoon Circle on the north side, but they have not been maintained. Sediment is
flushing through the weir sections.
The creeks should be restored and cleaned out under the supervision of a qualified wetland and stream consultant.
The site is still under Notice of Violation.
Report by: Susan Yates
Others present: Doug Miller
Date of inspection: June 24, 2003
cc: DWQ, ACOE
Time arriving on site: 2:20 Time leaving site: 3:30

SEDIMENTATION INSPECTION REPORT
North Carolina Department
_of Environment and Natural Resources .
Land Quality Section: 919 North Main St., Mooresville, NC 28115 [phone]
County: Union Project: Whispering Way (Waxhaw Ridge) River basin: Catawba .
Person financially responsible: Isaac Grossman and wife Berta, Owners
Address: 4213 Pima Cotton Drive Charlotte, NC 28226
1. Project location: Helms Road-Waxhaw Pictures: Yes: X No: Prints: Slides: Video: Digital: X
2. Weather and soil conditions: Sunny 80s workable Initial inspection: Yes: No: X
3. Is site currently under notice of violation? Yes: X No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: No: X If no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.C4B.0107(c) X g. Inadequate buffer zone, G.S. 113A-57(1)
b. Failure to follow approved plan, G.S. 113A-61.1 h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
X C. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.0118(a) X i. Unprotected exposed slopes, G.S. 113A-57(2)
X d. Failure to provide adequate groundcover, G.S. 113A-57(3) and X j. Failure to maintain erosion control measures,
15A N.C.A.C. 4B.0007(b) or 15A N.C.A.C. 4B.0124(e) 15A N.C.A.C. 4B.0113
X e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) k. Other (describe)
X f. Failure to take all reasonable measures, 15A N.C.A.C.4130105
6. Has sedimentation damage occurred since last inspection? Yes: X If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract: X Other property: X
Description: Into several tributaries throughout the site, off the site, and onto the adjacent property
Degree of damage: slight: X moderate: severe: X (cumulative)
7. Contact made with (name): Isaac Grossman Title: Owner
Inspection report given: or sent: X to person financially responsible. Date given/sent:
8. Potential NPDES Permit Violation? Yes: X No: Describe: See above
9. Corrective actions needed:
1) Install measures sufficient to retain sediment on site. This is to include all measures shown on the approved plan and any additional
measures necessary to keep sediment on site.
2) Maintain and repair all measures such that they will be adequate to retain sediment on site. Measures which have been installed are not
maintained.
3) Submit an approvable revised sedimentation and erosion control plan to show actual field conditions along with any additional measures
needed to keep sediment on site. This is to include all modifications required by the plan "Approved with Modifications" on August 28,
2001.
4) Provide a groundcover to all graded areas, especially the ditch lines.
Comments:
The site is still out of compliance. Two of the sediment traps have been partially cleaned out, traps 15 and 23. Both of these traps were
measured and were not to adequate volume. The volumes shown *on the plan approved with modifications on August 28, 2001 show the
volumes required by all traps to be the same. Please provide an approvable revised plan to show all field conditions and drainage areas.
Several traps are in need of maintenance. These include but are not limited to traps 29, 16, and 1. Slopes have not been provided with a
groundcover adequate to restrain erosion. Please prep the slopes and provide a groundcover. Additional measures are needed on Deveron
Dr. The slopes are failing and sediment is flowing into the creek below.
Additional measures have been installed along Katherine Antoon Circle on the north side, but they have not been maintained. Sediment is
flushing through the weir sections.
The creeks should be restored and cleaned out under the supervision of a qualified wetland and stream consultant.
The site is still under Notice of Violation.
Report by: Susan Yates
a�
Date of inspection: _�uae-4, 2003
cc: DWQ, ACOE
Others present: Doug Miller
Time arriving on site: 2:20 Time leaving site: 3:30

t.. F V4 A 1'F
O 9QG Michael F. Easley
Governor
William G. Ross, Jr.,.Secretary
> North Carolina Department of Environment and Natural Resources
p Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
AM
�DENOR
Customer Service
August 30, 2001
Mr. Dmitry Shklovsky
DS Engineering
1223 Fox Run Drive
Charlotte, NC 28212
SUBJECT: 401 Water Quality Certification
Whispering Way Subdivision
Union County, NC
Dear Mr. Shklovsky:
At your request Mr. Pete Colwell from this office made a site investigation at the proposed
Whispering Way Subdivision near Waxhaw in Union County. The investigator found two jurisdictional
streams crossing the property. According to your development plans submitted to the Land Quality
Section there appear to be three road crossings of these channels. It also appears that your plans propose
to relocate several hundred feet of these channels as they cross through lots within the subdivision.
Please be advised that the Division of Water Quality (the Division) requires that approval be
obtained prior to disturbing more than 150 linear feet of stream channel or 1/3 acre of wetlands, or when
using Nationwide Permit 414 under the current Army Corps of Engineers (ALOE) Nationwide Permits. If
your proposed impacts do exceed 150 linear feet of stream channel or 1/3 acre of wetlands, or otherwise
require concurrence from the Division, no impacts should be made until proper authorization is obtained.
The Division recommends that the extent of jurisdictional streams on the property be identified and
shown on your plans so that the proposed impacts can be accurately identified.
In order to obtain Division approval for this proposed stream impact, seven (7) copies of the
Preconstruction Notification Application (PCN), along with supporting maps and documentation, should
be completed and returned to the addresses listed in the application. Please make sure that all maps
submitted with the application are of suitable scale (e.g. 1" = 100') and delineate all impacted streams,
ponds, and/or wetlands on the project site. Downloadable copies of the Division's General Certifications
as well as the PCN can be accessed at the Division's Wetland web page:
http://h2o.enr.state.nc.us/ncwetlands
If you do not have access to this web page, please contact this Office at the phone number listed
below and a copy of the PCN will be forwarded to you. If you have already filed for the 401
Certification, please disregard this notice. You should also note that issuance of a ACOE 404 Permit or
receipt of a written ACOE delineation verification does not relieve you of your responsibility for
determining the need for a 401 Water Quality Certification prior to proceeding with any channel or
wetland impacts.
If you have any questions regarding this matter, please contact me at [phone].
Sincerely,
Peter B. Colwell
Environmental Specialist
cc: Doug Miller, DLR MRO
John Dorney, DWQ
Steve Chapin, USACOE
Division of Water Quality 919 North Main Street Mooresville NC 28115 704-663-1699

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
DIVISION OF LAND RESOURCES
LAND.QUALITY SECTION - y
August 13, 2001 x
Mr. Isaac Grossman, Owner
4213 Pima Cotton Drive
Charlotte-,.. North Carolina 28226.
Dear Mr. Grossman:
This office has received a soil erosion and sediment control
plan for the project listed below which was submitted as required
by the North Carolina Sedimentation Pollution Control Act (G.S.
113A-57 (4)) .
The Act requires that all persons disturbing an.area of"one
or more acres of land.must obtain approval of a soil erosion
control plan prior to the commencement.of the land -disturbing
activity(G.S. 113A-54(d)(4)). The Act further states that this
plan must be filed a minimum of 30 days prior to the activity and
the approving authority must approve or disapprove the submitted
plan within 30 days of receipt. Failure of the approving
authority to'approve or disapprove the submitted plan within the
30 days period will be deemed approval of the plan. Commencement
or continuation of a land -disturbing activity under the
jurisdiction of this Act prior to the approval of an erosion and
sediment control plan is a violation of the Act.
We have performed a preliminary review of your submitted
plan and have determined that additional information will be
necessary before a final review can be completed. Enclosed is a
checklist of items that must be submitted before we can omplete
the review process. Failure to provide the additional
information may result in disapproval of your plan.
919 North Main Street, Mooresville, North Carolina 28115
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR/
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Page Two
The approval of an erosion -and sediment control plan is
conditioned on the applicant's compliance with Federal and State
water quality laws, regulations and rules.
If you have questions please do not hesitate to contact
Susan Yates of this office. Your cooperation in this matter is
appreciated and we look forward to working with you on this
project.
Sincerely,
Division of Land Resources
Land Quality Section
Project Name: Whispering Way Subdivision
Project ID: UNION-2002-007 - Union County
Location: East. of Highway 75 & SR 1300(Helms Road)
Submitted By: Isaac Grossman, Owner
Date Received by Land Quality Section: August 8, 2001
River Basin: Catawba
cc: DS Engineering
SY/ae

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
LAND QUALITY SECTION
MOORESVILLE REGIONAL OFFICE
PROJECT NAME:
161
COUNTY: ( lul'n..l DATE: O�'8'o
EROSION and SEDIMENTATION CONTROL PLAN
PRELIMINARY REVIEW CHECKLIST
To expedite the approval process, a cursory review -of your submitted Erosion and Sediment
Control Plan application has been made and has shown the need for additional information as
specified below. To meet our review sc edule, any additional information should be
received by this office no later than � � E01 d 1 Failure to meet this
schedule may result in disapproval of your plan.
LOCATION INFORMATION
Project location
Roads, streets
North arrow & scale
Adjoining -lakes, streams or water bodies
For Riparian Buffers, include Site located on USGS topo & USDA Soil Survey Maps
GENERAL SITE FEATURES (Plan elements)
Number of additional copies of the plan needed
Legend: North arrow, Scale, etc.
Property lines
Existing contours (topographic lines)
Proposed contours
Limits of disturbed area (list amount of acreage, delineate, and label the limits)
Planned and existing building locations and elevations
Planned and existing road locations and elevations
Lot and/or building numbers
Land use of surrounding areas
Gc— Geologic features: rock outcrops, seeps, springs, wetland limits, streams, lakes, ponds, dams, etc.
Easements and drainageways
Profiles of streets, utilities, ditchlines, etc.
CV_ Stockpiled topsoil or subsoil locations
If the same person conducts the land -disturbing activity and any related borrow or waste activity,
the related borrow or waste activity shall constitute part of the land -disturbing activity unless the
borrow or waste activity is regulated under the Mining Act of 1971, or is a landfill regulated by the
Division of Solid Waste Management. If the land -disturbing activity and any related borrow or
waste activity are not conducted by the same person, they shall be considered separate land -
disturbing activities and must be permitted either through the Sedimentation Pollution Control Act
as a one -use borrow site or through the Mining Act.
Ilk_ If the Plan proposed 150 feet or more stream disturbance, 401 Water Quality certification may be
necessary for this project. Please contact Rex Gleason with the Water Quality at [phone].
EROSION CONTROL MEASURES
Legend
Location of temporary measures
Location of -permanent measures
Construction drawings and details for temporary and permanent measures
Maintenance requirements of measures
Contact person responsible for maintenance
Maintenance requirements & responsible person(s) overseeing permanent measures

Page 2 of 2
SITE DRAINAGE FEATURES & CALCULATIONS
Existing and planned drainage patterns (include off -site areas that drain through project)
Size of Areas to be disturbed (list amount of acreage, delineate limits and label limits)
Size and location of culverts and sewers
Soil information: type, special characteristics
Soil information below culvert storm outlets
Name and classification of receiving water course or name of municipal operator (only where
stormwater discharges are to occur)
Preconstruction runoff calculations for each outlet from the site (at peak discharge points)
Design calculations for peak discharges of runoff (including the construction phase & the final
runoff coefficients of the site)
Design calculations of culverts and storm sewers
Design calculations of cross sections and method of stabilization of existing and planned channels
.(include temporary linings)
Design calculations and construction details of energy dissipators below culvert and storm sewer
outlets (diameters & apron dimensions)
Design calculations and construction details to control groundwater (seeps, high water table)
FINANCIAL ASPONSIBILITY/OWNERSHIP (FR/O) FORM
Completed, notarized FR/O Form :oc
� Accurate application fee ($40.00 per acre) �� s'^$r''`r a4a. i, on
Certificate of assumed name, if the owner is a partnership
Name of Registered Agent (if applicable)
Other missing data: .
VEGETATIVE STABILIZATION
Area & acreage to be vegetatively stabilized
Method of soil preparation
Seed type & rates (temporary & permanent)
Fertilizer type and rates
Mulch type and rates
NOTE: Plan should include provision for groundcover on exposed slopes within 15 working days but no .
more than 30 calendar days, following completion of any phase of grading; permanent groundcover
for all disturbed areas within 15 working days or no more than 90 calendar days following
completion of construction or -development.
NARRATIVE AND CONSTRUCTION SEQUENCE
Narrative describing construction sequence
Narrative describing the nature & purpose of the construction activity .
Bid specification regarding erosion control
Construction sequence related to erosion and sediment control (including installation of critical
measures prior to the initiation of the land -disturbing activity and removal of measures after areas they serve
have been permanently stabilized)
OTHER INFORMATION •� l.Jh° w� ��t,� re,Q,a4„ n.� �.U�S?
/fv
Project Name: LJh4,o—, ,.a C,�9�-`. Sl �•
Reviewed by: '73V S c LiA-rig
!, .LF'.aC� „�.ta c JLu as
, ems•, p ion. f& LL]] o/n a'L �-00 4T e..U/LQ.vrCW
County: ynn eff"04z„ r't
Date:
S •�.��`
Cc: Pete Colwell —Division of Water Quality

Mi:*M -
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Arm= nmek. P-F—t]It�r
W-MI ram' Q�.:--A SECTION
CERTIFIED MAEL 70012510 0004 8287 7484
Return Receipt Requested
Mr. Isaac Grossman, owner
4213 Pima Cotton Drive
Charlotte, NC 28226
S �D13�'c�'ara Q� Catificarioo
�►�.. �� De��pme�
iy� Co��, �►C
Dear Mr. Grossman_
This Office has received inform ;5-otiln nhe DivLim- a ei- end Resomces; tliat yn may is we -
disturbed 1501- linear feet of stream cbamid the ac=iag an the subject
development.
Please be advised that pursu= to Atv Corps off UACW a od North CaroFm
Division of Rater Quality prior ana-oval is r M' a��l'tfia wow
more than 150 linear feet of stream chmmei zodu <0-1 a= &w It sinould 2ho be nowd that it is
the responsibility of the ACOE to. a wbzdo= or- nw mW C&nmel berg in>p-ted is indeed z
stream for which they may claim jmisff-
• 1 • 1 • t 1 111 ItOiit�• �:OTA.:!t,c`=lCa . 19.1�3Y:.= %ill/ :' 81w �7 - �.�7. U.11 ��t '.1 �/;�� �
unavoidable lost or degraded aquatic life ofdxsesm-ate ei erdrous in s2n&or
riparian techniques such as buffer essab os €orb cow
referred to as stream bioenr¢ineP.. -in_� ha � s wM be , the
Division will need to determine who& the smgpads.
In order to obtain the M isie s mppmva FW aBY pax-xsed amd lorwedmad
seven (7) copies of the Pse-co App raj sick,Wiffn -9Maps
and documentation, should be cow mad r=amedibAw fi- 1>sled in the 2PpiiC36CEL Plcese
make sure that all maps submitted with -the ar• z cEFsmft2h1e scAc (e` 17 =100') and &Fmeaft :
all impacted streams, ponds, and°or wetiamis cm the pie : sa� DawsloadaMe copies of thr Minion%
General Certifications as well as the PCN cr" be macessed $ A-- Divi4m7s Wcdmd Web 1
httn-9/,h2o_ehzr "
Mooresvile Remmai Offime 5'"S eicr.I!emsaam .1CMV5
PHONE [phone] Gr S�+iQ
FAX (704)

Page 2
Grossman
If you do not have access to this web page, e, lease contact this OESM 3t theli oR
and a copy of the PCN will be forwarded to you. If you have aheady � fort e
please disregard this notice. You should also note that issuance of a.ACOE 404 Pmm&ar=O*E
written ACOE delineation verification does not relieve you of your � biM�' � �
need for a 401 Water Quality Certification prior to proceeding with any cbannel cr
If you have questions regarding this matter, please contaat 1fr_ Ab n Join M me 663'
1699.
Sincerely,.
- r
D. Rcx Gkzwn; P-E-
Wane Cam' RePiamd S
cc: Susan Yates, DLR
JohnDorney, DWQ
Steve Chapin, USACOE

NNA
e C�
\) (� Michael F. ;-0 Py
ey, Governor
1^tlliam G. Ross, Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
May 21, 2003
CERTIFIED lO ML
Return Receipt Requested
-IC101.
Mr. Isaac Grossman, owner
4213 Pima Cotton Drive
Charlotte, NC 28226
Subject: Notice of Violation and
Recommendation For Enforcement
NCGS 143-215.1 (a)
NCGS 143-214.1
NCAC 15A .02H .0500
Whispering Way Development
Union County, NC
Dear Mr. Grossman:
. On April 22, 2003 Mr..Alan Johnson of this office along with Mr. Steve Chapin with the
Army Corps of Engineers (COE) and Ms. Susan Yates with the Division of Land Resources
conducted an investigation at the subject site. The following violations were observed at the site
(also see attached photos):
1) NCAC 15A .02H .0500: 401Water Quality Certification
• At the site of the proposed culvert #1, 140 linear feet of stream had been impacted from
trenching (photo A). Another 30 linear feet of stream down gradient of this site was also
impacted (photo B).
• Four culverted stream crossings totaling 280 linear feet were observed, for which no 401 Water
Quality certifications have been issued. In August 2001 Mr. Pete Colwell of this office
informed you (attachment) that approval by the Division of Water Quality (DWQ) would be
required for impacts.exceeding 150 linear feet of stream and that "...no impacts should be made
until proper authorization is obtained". You were notified again in April 2003 that the
submittal of a Pre -Construction Notification (PCN) form would be required for the stream
impacts at the site. As of this date, no PCN has been submitted.
Failure to obtain a 401 Water Quality Certification prior to impacting the stream channel is
a violation of NCAC 15A .02H .0500.
MA
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 NCDEN'n
HONE t704) 663-1699 Customer Service
r,X t7D4) 663-6D40 1 800 623-7748

f J
Page 2
Mr. Grossman
2) NCGS 143-214.1: Preclusion of Best Usage:
During the site visit on April 22"a, heavy sediment was observed deposited in and along the
stream channels down gradient from the construction site. Specifically:
• Approximately 150 feet down stream from the first installed culvert (culvert #2 on the site
plan), over eight inches of sediment was observed in the streambed. The sediment deposition
continued down stream for several hundred feet. The sediment was deposited in the flood plain
and a pond adjacent to the stream (photos C & D).
• Approximately 200 feet down stream from culvert 94 over 15 inches of sediment was observed
in the streambed and the deposition continued down stream for several hundred feet. The
sediment was also deposited in the flood plain adjacent to the. stream (photos E & F).
The impact to the streams is a violation of NCAC 15A 02B .0211 (2), which states that the
preclusion of best usage, which includes "...aquatic life propagation and maintenance of biological
integrity, wildlife, secondary recreation, and agriculture...'' represents a water quality standard
violation.
Please note that the COE considers the channels that have been impacted as perennial. In
addition aquatic life (crayfish, macrobenthos) has been identified in .the channels, therefore,
compensatory mitigation will be required for the unauthorized impacts.
3) NCGS 143-215.1 (a): General Stormwater Permit NCGO10000•
In December 2001 the DWQ issued you a NPDES Stormwater. General permit
(NCGO10000) for the construction of the.Whispering Way development. In March of this year Ms.
Yates also gave you a copy of the permit. Failure to properly implement and. comply with your
approved Sediment and Erosion Control plan is a violation of Part I. Section A, #2 of your permit.
Pursuant to Part I. Section B, #1 of your permit, please submit a copy of all weekly inspections and
inspections conducted subsequent to a rain event greater than 0.5 inches, including rain gauge data.
Theses records must cover the time span from December 2001 to the present.
The noted violations and any future violations are subject to civil penalty assessments of up
to $25,000 per violation per day for every day the violations continue. It is requested that you
respond in writing within 15 days of receipt of this Notice. Your response should detail why these
unauthorized impacts occurred and what restorative measures are to be implemented to bring this
project into compliance.

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/ Mr. D. Rex Gleason, P.E. 6-03-03
Water Quality Regional Supervisor
Ref. Whispering Way Development
Union County, NC
Dear Sir:
It is an answer to your letter of 5-21-03.
The reason of water Quality Certification not being obtain before construction started is a
simple and a stupid one. I did not know what it needed to be done. I was under
impression that 150 ft is calculated for each pipe and not for the whole development.
When I bough this property streams were dry as a bone and I did not even know that
property had any streams. But this is all in the past now I know better.
We tried to clean basins in the winter, brought a good size truckhoe on site only to see it
sink in the mud. We could not do even the first basin. As you know, we had a record
number of rainy days this winter.
Since the problem at the site was found we cleaned and redone all existed catch basins,
We also installed 11 new basins. About 85% of graded area are receded and strawed and
it is green at the present time. I mean shoulders, roads everything. If it was red we will
make it green. No father development will take place on site. We are constantly
monitoring catch basins. And as you well know it rains almost every single day. I hired
ESTES DESIGN INC. to do the work outlined in Mr. Steve Chapin
letter and it is well under way. D. Shklovsky is close to resubmitting revised erosion
control plan to your office. I am sure what by the time new plan will be approved 95% or
more of erosion will be covered by grass. Considering the fact that no development will
take place at the site I would like to remove 3 culverts from streams and bring streams to
the original condition. I would highly appreciate if you give me a good advice how to do
it right without breaking any rules. I always play by the rules and I am sorry for being
stupid and ignorant in this case. It will not happened again.
Sincerely,
Cc: Steve Chapin, USACOE
Doug Miller, DLR
Isaac Grossman
NC DEPT. OF E-WORO�,1Pgm-N!FA
AND HATU P'=8VJR'CWe
���r���E� h_3i0;J� �'•G If�
_eat
JUN 0 6 2003

To: Mr. Alan Johnson July 23, 2003
From: Isaac Grossman
Ref.: Waxhaw Ridge < Union County, NC
Dear Sir,
First, I would like to thank you for meeting with. me on July 15 and explaining how the
system works. I highly appreciate your knowledge, experience and common sense.
Thank you again.
I would like to assure you that work impact activity will not take place on the referenced
property as long as I am the owner. I am providing you with my records for the rainfall
from June 1 through July 23, 2003. My consultant, Estes Design, will provide you with a
copy of PCN and we will also submit a timetable for your review and approval.
The following data was collected with my primitive garden-variety rain gage.
Storm water record for June and July 2003:
June
July
CCyr°,.
"'}'.,r:'�;! kri=i1
3
.75"
2
2.0"
4
.18"
7
1.25"
ORM, _ ...-
. • ..... _- ... =rt
6
.62"
10
.05"
.7
2.5"
11
.5"
8
.25"
12
.2"
JUL
2 5 2003
9..
.12"
13
1.5"
11
.12"
14
Y'
12
.12"
17
.1"
15
.25"
18
.3"a
16
.12"
19
1.5"it
17
.11,
20
1.25"
18
.25"
21
.1"
19
.25"
22
.3"
20
.1"
23
.25"
28
.2"
Sincerely,
Isaac Grossman �, c
cc: Rex Gleasson
Doug Miller

r N
OF W ATER Michael F. Easley, Governor
`C Qv William G. Ross, Jr.,Secretary
co � North Carolina Department of Environment and Natural Resources
>_� Alan W. Klimek, P.E., Director
5C Division of Water Quality
Coleen Sullins, Deputy Director
Division of Water Quality
July 22, 2003
Mr. Isaac Grossman, owner
4213 Pima Cotton Drive
Charlotte, NC 28226
Subject: Whispering Way Development
Union County, NC
Dear Mr. Grossman:
On July 15, 2003 Mr. Alan Johnson of this office met with you at the above site to conduct
an inspection and to discuss the Notice of Violation issued by this office_on.May 21". As
discussed, the Pre -construction Notification (PCN) form, which you were issued, should be
completed and submitted immediately. No_further work/impact to the stream(s) should be
conducted until the PCN has been reviewed and a 401 Water Quality Certification has been issued.
In addition to the PCN, please submit a copy of your stormwater records for the period June
1, 2003 through the present. Also, it is requested that you submit a timeline for the restorative
measures that are to be implemented to bring this project into compliance.
If you have any questions; please contact Mr. Johnson or me at the Mooresville Regional
Office, [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Cc: John Dorney, DWQ
Doug Miller, DLR
NCDENR
Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE [phone]
1 877-623-6748 FAX [phone]

W A7-,Michael F. Easley, Governor
4000
r William G. Ross, Jr..Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Mr. Isaac Grossman, Owner
Whispering Way Develoopment
4213 Pima Cotton Drive
Charlotte, NC 28226
July 28, 2003
Subject: Stormwater Permit (NCG010000)
Whispering Way Development
Union County, NC
Dear Mr. Grossman:
On July 23, 2003 this office received the rain data for the construction site. However, the
information provided failed to meet the conditions of Section B of the,stormwater permit. Section
B requires that the sediment and erosion control facilities be inspected at least once every seven
days and that a record of the inspection be maintained..
Also, your letter mentioned that a timetable .would be forth coming regarding restoration of
the streams, but there was no indication of when the timetable would be submitted. It is requested
that a timetable for restorative measures be submitted, by September 1, 2003.
Enclosed are copies of the form that must be completed and kept on file. This information
must be available for review by the inspector. If you have any questions, please contact Mr.
Johnson or me at the Mooresville Regional Office, (.704) 663-1699.
Sincerely,
' D. Rex Gleason, P.E.
Water Quality Regional Supervisor.
i
Cc: John Dorney, DWQ
f Doug Miller, DLR
I ,
=16
i
NCDENR
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115
PHONE [phone] Customer Service
FAX' [phone] 1 800 623-7748

COUNTY
UNION
RIVER BASIN;
'
REPORTTO
MRO Regional Office
Other :
COLLECTOR(S) :
A JOHNSON
Estimated BOD Range:
Seed:
Chlorinated:
Station N I Date Begin (Yy/mm/dd)
BOD310 m /L
COD High 340 m /L
COD Low 335 m /L
Coliform: MF Fecal31616 loom]
Coliform: MF Total 31504 100ml
Coliform: tube Fecal31615 100ml
Coliform: Fecal Strep, 31673 100ml
Residue: Total5W m L
Volatile 505 m /L
Fixed 510 m L
Residue: Suspended 530 m L
Volatile 535 m L
Fixed 540 m L
H 403 units
Acidity to pH4.5436 m /L
Acidity to pH 8.3 435 m L
Alkalinity to pH m L
AftT, to H4.54 m
TOC 680 m / L
Turbidi 76 450 NTU
ColiformTolalTuM 100 splo
DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W❑ SAMPLETYPE
PRIORITY
AMBIENT QA X❑ STREAM EFFLUENT
X❑ COMPLIANCE X� CHAIN OF CUSTODY LAKE INFLUENT
EMERGENCY VISIT ESTUARY
Station Location: BELOW CULVERT H4
Remarks:
Date End (yy/mm/dd) Time Begin Time End I Depth - D11I, DB, DBM Value Type - A,11, L
1230
Chloride940 m /L
Chi a: Tri 32217 u /L
Chia: Corr32209 u /L
Pheo h tin a 32213 u L
Color: True 80 C.U.
Color: H 83 H- C.U.
Color: pH 7.6 82 c.u.
Cyanide 720 m L
Fluoride 951 m /L
Formaldehyde 71880 m L
Grease and Oils 556 m L
Hardness Total900 p m L
Specific Cond. 95 umhos cm2
MBAS 38260 m /L
Phenols32730 u /L
Sulfate945 m /L
Sulfide745 m /L
Boron
Tannin & Li nin u /L ,
Hexavalent Chromium u /L
Bicarbbnate m /L
Carbonate m /L
NH3asN610 m /L
TKN an N 625 m /L
NO2 plus NO3 as N 630 m /L
P: Total as P 665 m /L
PO4 as P 70507 m /L
P: Dissolved as P 666 m /L
K-Potassium m L
Cd-Cadmium1027 u /L
Cr-Chromium:Total1034 u L
Cu- Copper 1042 u L
Ni-Nickel1067 u L
Pb- Lead 1051 u L
Zn- Zinc 1092 u /L
V-Vanadium u /L
A-Silver1077 u /L
AI- Aluminum 1105 u /L
Be- Beryllium 1012 u L
Ca- Calcium 916 m /L
Co- Cobalt1037 u /L
Fe- Iron 1045 u /L -
a.wnnani. • o
NMRESVIL.l E F"( )NA L)
li'Cy `•'
JUL 2 5 2003
Lab Number : 3W4320
Date Received: 7/16/2003
Time Received: 8:30 AM
Received By DS
91aCdea.cl AR
Date Reported; 7/24/2003
ComposilnT, S, B I Sample Type
Li-Lithium1132 u /l.
Mg- Magnesium 927 m /L
Mn-Manganese 1055 u L
Na- Sodium 929 m9/1-
Arsenic:Total1002 u L
Se- Selenium 1147 u L
H - Mercury 71900 u /L
Ba_Barium u L
Or anochlorine Pesticides
Or ano hos horus Pesticides
Acid Herbicides
Base Neutral&Acid Extractable Organics
TPH Diesel Range
Pur eable Organics(VOA bottle re 'd
TPH Gasoline Range
TPH BTEX Gasoline Range
Ph to lankton
P

e
DIVISION OF WATER QUALITY
WATER
QU LITY FI
LD-L FORM (D
COUNTY \ l )
PRIORITY
A LE TY
RIVER BASIN ••fir ��<- L-) �<
❑ AMBIENT
STREAM
❑ EFFLUENT
REPORT TO: ARO FR RO O W.RO WiRO WSRO TS
AT BM
❑,,COMPLIANCE
❑. LAKE
❑ INFLUENT
Other
Shipped by: Bus, uric taff, Othcr_
❑ EMERGENCY
❑ ESTUARY
COLLECTOR(S): 4-fall J it •A "1 5 O iA
i
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
Seed:, Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
O
l'�
Fnr I A 11— ON 1 V
Lab Number:
Date Received:
Time-V.
Rec'd by._ From: Bus ourier- and Del.
DATA ENTRY BY: CK:
DATE REPORTED:
Station N
Date Begin (yy/mmldd)
ITime Begin
Date End
Time End
Depth DM DB DBM
Value Type
Composite
Sample Type
A H L
T S B
ic G GNXX
I
BOD5 310 mg/L
2
COD High 340 mg/L
3
COD Low 335 mg/L
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100ml
7
Coliform: Fecal Strep 31673 /100ml
8
Residue: Total 500 mg/L
9
Volatile 505 mg/L
10
Fixed 510 mg/L
I I
Residue: Suspended 530 mg/L
12
Volatile 535 mg/L
13
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 8.3 415 mg/L
18
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
Turbidity 76 NTU
Chloride 940 mg/L
Chl a 70953 pg/L
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color:pH 7.6 82 ADMI
Cyanide 720 - mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95
MBAS 38260 mg/L
Phenols 32730 pg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 pg/L
Cr-Chmmium;Total 1034 pg/L
Cu-Copper1042 µg/L
Ni-Nickel 1067 pg/L
Pb-Lead 1051 µg/L
Zn-Zinc 1092 µg/L
Ag-Silvcr 1077 µg/L
AI -Aluminum 1105 µg/L
Bc-Beryllium 1012 µg/L
Ca -Calcium 916 mg/L
Co -Cobalt 1037 µg/L
Fc-Iron 1045 µg/L
Li -Lithium 1132 pgtL
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 µg/L
Na-Sodium 929 mg/L
Arsenic:Total 1002 µgtL
Sc-Selenium 1147 µg/L
Hg-Mercury 71900 pgfL
Organochlorine Pesticides
Organ6phosphoms Pesticides
Acid herbicides
Basc/Neutral Extractable Organics
Acid Extractable Organics
Purgcablc Organics (VOA bottle req'd)
Phytoplankton
Lab Use Onlv
Tem erasure on arrival '
Sampling Point %
Conductance at 25°C
Watcr Tcm craturc °C
D.O. mg/L
H
Alkalinity
Acidity
Air Tcm mturo °C
2
pH 8.3 pH 4.5
pH4.5 pH 8.3
10
300
400
2244 431
2243 82242
0
Salinity %°
Precipitation (in/day)
Cloud Cover %p
Wind Direction (Deg)
Stream Flow Severity Turbidity Severity
Wind Velocity Mean Stream Depth ft.
Stream Width ft.
80
5
2
6
1351 1350
35 64
4

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Case Number dSSA �1_07700�017 -
NOV:
Save
Permit'.
SOCI. AD'.
Monitoring Report:
Facility: [#Yhispering Way Sub
Region: Mooresville
County: Union
Owner: IIsaac &Berta Grossman
Incident: 1200300063
Eetails.:.I Inspect Dt:
CentralOffice Login Date:
Comments:
AGO closed case on 4-16-08 due to statute of limitations has
CentralOffice Contact: tFitrpatrick,"Linda
passed. AGO mistakenly left the case out of the collection process
when collecting on the DLR case. Shelton Sullivan 4-16-08.
Regional Contact:
Enforcement Contact:
Salutation for Letter".
Penalty Assessed Date: 111/1312003
Remission Request:
EMC Hearing Date: F
Letter Date: 1111171200O
Remission Acknowledged:
Remission Amount:
Penalty Amount: 1$28750.00
Enf. Conf. Date: F_
EMC Results Received: F
Damages:
Remission Amount:
Petition in OAH: 11 2A 112003
Enforcement Cost: 1$563.20
Enf. Conf. Letter Date:
Total Case Penalty: 1$29313.20
Facility Rcvd. Enf. Conf. Ltr.:
Remission Amount:
Facility Received F&D: 11 210112003
_e% _roL-al_FA,-_mo ATntiD-g
Case to Collection:
Response Due By: 1120 S2003
T,!bt_al-!Mt(0MAPai,
Settlement Requested:
- Case Closed: 6,MW00$ ,
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Restricted Delivery Fee
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MR JIM McCLAIN, PRESIDENT
n s, CAROLINA CONCRETE
U
s 1316 INDIAN TRAIL-WAXHAW RD •------------
INDIAN TRAIL NC 28079
? wq/sbg 1016103

;ertified Mail Provides:
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mportant Reminders.
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MPORTANT: Save this receipt and present it when making an inquiry.
'S Form 3800, January 2001 (Reverse) 102595-01-M-104!

fop
��F 1NATERp Michael F. EaslrG.,or
�o William G. Ross Jr.. Secretary V
�q North Carolina Department of Environment and Natural Resources
—I Alan W. Klimek, P. E.. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of'Nater Quality
DIVISION OF WATER QUALITY
October 6, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jim McClain, President
Carolina Concrete, Inc.
1316 Indian Trail-Waxhaw Road
Indian Trail, N.C. 28079
Dear Mr. McClain:
7001 2510 0004 8286 5535
SUBJECT: NOTICE OF VIOLATION AND
RECOMMENDATION
FOR ENFORCEMENT
Carolina Concrete, Inc.
Violation ofNPDES Permit and
N.C. Water Quality Standards
NCGS 143-215.1(a)(6)
Permit No. NCG140187
Union County, N.C.
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted pollution control rules and regulations.
Enclosed please find a copy of a Complaint Investigation Report for the investigation
conducted on September 25, 2003, by Mr. Samar Bou-Ghazale of this office. As a result of this
investigation, the following conditions were found:
1. Effluent discharge with a pH of 12.15 standard units (s.u.), exceeding the permit
Emit of 9.0 s.u. This exceedance constitutes a violation of NPDES general permit
NCG140000 and NCGS 143-215.1(a)(6) for causing or permitting waste, directly
or indirectly, to be intermixed with waters of the State in violation of N.C. Water
Quality Standards and in violation of permit conditions.
AM
Phone [phone] Mooresvilie Regional Office, 919 North Main Street, Mooresville, North Carolina 28115 NCHENRFax 704-663-6040 Customer Service
1-877-623-6748

Mr. Jim McClain, President
Carolina Concrete, Inc.
October 6, 2003
Page 2
2. A pH of 10.44 s.u. in the receiving stream (unnamed tributary to Davis Mine
Creek, Class C) approximately, 450 feet downstream from the discharge point.
This constitutes a violation of 15A NCAC 2B .0211(3)(g) which states "...pH:
shall be normal for the waters in the area, which generally shall range between 6.0
and 9.0..."
3. A pH of 7.68 s.u. in the unnamed tributary approximately 75 feet upstream of the
discharge point
4. Concrete components and associated materials accumulation in an unnamed
tributary of Davis Mine Creek. This constitutes a violation of "best usage of the
surface water." Specifically, 15A NCAC 2B .0211(2) states the following:
"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 of long-term basis shall be
considered to be violating a water quality standard."
To comply with the requirements of your permit and NCGS 143-215.1, it will be
necessaryto immediately discontinue all illegal discharge activity; to collect, remove and properly
dispose of the discharged material accumulated on the stream bed; to restore all affected areas as
nearly as may be to the conditions existing prior to the discharge; and to implement corrective
actions to eliminate the potential for recurrent illegal. discharges. Stream bank vegetation must be
left in place except mi those areas where access for clean up equipment is necessary. These areas
must be kept to an absolute minimum .
It is requested that you respond, in writing, to this Notice, indicating the measures taken
to collect and remove the discharge, to prevent future discharges, and to restore all affected areas.
The response should also indicate the disposal location for any removed discharged material,
contaminated soils or waters and include a copy of the analytical documentation for the site
remediation. Please address your response to Mr. Bou-Ghazale by no later than October 20,
2003.
This letter is to notify you that the Mooresville Regional Office of the Division of Water
Quality is considering sending a recommendation for enforcement action to the Director of the
Division of Water Quality. The recommendation concerns the violations of North Carolina

Mr. Jim McClain, President
Carolina Concrete, Inc.
October 6, 2003
Page 3
General Statutes 143-215.1(a)(6), 15A NCAC 2B .0211(3)(g), and 15A NCAC 2B .0211(2) for
causing or permitting waste, directly or indirectly, to be intermixed with waters of the State in
violation of the N.0 Water Quality Standard and/or permit conditions. Violators are subject to
penalties of up to $25,000 per day per violation. If you have an explanation for the violations
that you wish to present, please include same in the requested response. Your explanation
will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director along with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Bou-Ghazale or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Compliance/Enforcement Group
Central Files
Union County Health Department

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL; RESOURCES
DIVISION OF WATER QUALITY
919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: September 25, 2003
967
INVESTIGATED BY: Samar Bou-Ghazale y TIME SPENT: 6 hours
PLACE VISITED: Carolina Concrete, Inc.
PHYSICAL LOCATION: 1316 Indian Trail-Waxhaw Rd.
Matthews, N.C. 28105
MAILING ADDRESS: P.O. Box 2
Indian Trail, N.C. 28079
TELEPHONE #: [phone]
RIVER BASIN: Catawba River Basin
PERSONS CONTACTED: Mr. Eddie Weatherman
REASON FOR VISIT: Investigation of complaint regarding illegal discharge into an unnamed
tributary to Davis Mine creek.
COPIES TO: Union County Health Department
REPORT:
On September 16, 2003 this office received an anonymous complaint of a wastewater
discharge from a settling basin and truck washing operation at Carolina Concrete, Inc.
Mooresville Regional Office staff investigated the complaint on September 25, 2003. During
the investigation, wastewater from the concrete truck rinsing operation and a recycle basin was
found discharging into an unnamed tributary to Davis Mine Creek. A file review revealed that
Carolina Concrete, Inc. in Indian Trail, NC is permitted to discharge stormwater and process
wastewater under National Pollutant Discharge Elimination System (NPDES) Permit No.
NCG140187.

Complaint Investigation
Page Two
Field testing revealed the following:
Date Effluent pH Downstream Upstream
09/25/2003 12.15 10.44 7.68
Effluent Sample was taken from the dry ditch that is conveying the effluent to the unnamed
tributary.
Upstream sample was taken approximately 75 feet upstream of the discharge point. The
discharge point is the point where the dry ditch enters the unnamed tributary.
Downstream sample was taken approximately 450 feet downstream of the discharge point.
Permitted Effluent pH Limit = 6-9 standard units (s.u.)
Stream Water Quality Standards for pH = 679 standards units (s.u.)
It wad also noted during the investigation that concrete was being washed into the subject stream
via the discharge outlet. The stream bottom was covered with concrete for several hundred feet
downstream.
Mr. Weatherman, with Carolina Concrete, Inc. was made aware that the discharge of concrete
and high effluent pH at the subject facility is a violation of their general permit conditions. Mr.
Weatherman was also informed that the high effluent pH was causing a water quality standard
violation.
A follow-up investigation may be necessary to confirm compliance with permit requirements.

Complete items. 1, 2; 'and 3. Also :corrlplete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
MR JIM McCLAIN; PRESIDENT"
CAROLII,IA CONCRETE
1316 INDIAN TRAIL-WAXHAW RD
INDIAN "I•RAIL NC 28079
wq/sbg 10/6/03
11lSi11 gnS) it S1 SI
A.. u 1; s
X ❑ Agent
Addressee
B. Received by (Printed Name) C. Date of Deliver.
D. Is delivery address different from item 1? ❑ Yes
If YES, enter deliverddres�below: ❑ No
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4. Restricted Delivery? (Extra Fee) ❑ Yes
LAr 7001 2510 0004 8286 5535
Is Form 381.1;tAugust 2001: t '. .• Domestic Return Receipt 102595-01-M-25

UNITED STATES P.4r§Tf1 1TF4��(�r�i�{►{{{{ ititi{{s {r + �i i{{{iit''.{{{i FiMt-Class Mail
i t, t t ! t !. t t i . i t, '•. t Postage •& Fees Paid
USPS '
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
UnIN1< -
DIVISION OF WATER QUALITY.
919 NORTH MAIN STREF '�
MOORES VILLE NC 28 , IV `'
OCT a 9 2003
R,l�i^- pC1P1�gI, C3F�°i��