20071427 Ver 1_Notice of Violation_20120517

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
May 17, 2012
CERTIFIED MAIL 7011 1570 0001 8545 8241
RETURN RECEIPT REQUESTED
Ms Nikki Bennett, Special Assets Officer
High Point Bank
PO Box 2270
High Point NC 27261
Subject DWQ # 2007 1427
Notice of Violation #NOV 2012 PC 0056
Birkhaven Subdivision
Guilford County
Dear Ms Bennett
The Division of Water Quality (Division) conducted a site visit on May 16 2012 of the stream restoration
repairs that were completed on the above reference project in response to 401 Water Quality Certification
violations noted in a Notice of Violation issued to this project on February 16 2012 At this time the Division
is satisfied with the stream restoration repairs and requires the following actions to be taken to complete
resolution of this violation
1 Approved Riparian Buffer Planting plan must be implement during the fall/winter planting season and
no later than December 31 2012
2 Level I monitoring shall be conducted in accordance with the 401 Water Quality Certification and the
approved Stream and Buffer Restoration Repair Plan submitted by ECS Carolinas on your behalf dated
March 23 2012 Annual monitoring reports shall be submitted to the Division as required in the
approved monitoring plan
3 Future structure management/repairs, invasive vegetation management or additional buffer planting,
may be required by the Division if monitoring determines that any portion of the stream or riparian
buffer areas are unsuccessful or threatened
4 You must keep records of the monitoring and notify the Division if you determine that the site requires
additional maintenance or plantings during that time
North Carolina Division of Water Quality Winston-Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone [phone] FAX [phone] Customer Service 1- 877 -623 -6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarohna
Natmral&

Ms Bennett
May 17 2012
Page 2 of 2
Thank you for your attention to this matter This Office is currently no longer considering sending a
Recommendation for Enforcement to the Director of the Division of Water Quality regarding these issues,
however failure to follow the above noted items may modify this Office s decision These violations and any
future violations are subject to civil penalty assessment of up to $25,000 00 per day for each violation
Should you have any questions regarding these matters, please contact Sue Homewood at this office at 336 771
4964 or sue homewood o,ncdenr gov or myself at 336 771 5000
Sincerely
W Corey Basinger
Water Quality Regional Supervisor
Winston Salem Regional Office
cc Andy Williams Raleigh Regulatory Field Office, USACE (via email)
Rich Gover Jamestown Engineering (via email)
Mike Brame, ECS Carolinas (via email)
— D_WQ- WBSCaPe Umb
DWQ WSRO