20201903 Ver 1_NOV-2021-PC-0494 CEI_20211008

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 7, 2021
Certified Mail: 7018 3090 0001 2319 0994
Return Receipt Requested
M/I Homes of Charlotte, LLC
Mr. Cody Simoneaux
5350 77 Center Dr.
Suite 100
Charlotte, NC 28217
Subject: Notice of Violation
NOV-2021-PC-0494
DWR #20201903 — Annsborough Park
Removal of Best Use
15A NCAC 02H .0500
15A NCAC 02B .0211
Cabarrus County
Dear Mr. Simoneaux:
On October 5, 2021, staff from this Office investigated the subject site in response to a referral
from NCDEMLR regarding impacts to jurisdictional waters. During the site investigation, it was
observed that sediment from the subject site had impacted several nearby streams as well as a
wetland. This correspondence is being issued as a Notice of Violation.
The following violation was observed:
Title 15A NCAC 02B .0211 (1), (2) & (12): Best Usage & Other Waste
In excess of 300 linear feet (10 of stream and sections of wetland has been impacted from
sediment from the site. Sediment, with a deposition depth of 6" has been witnessed near
sediment basins #3 and #9. Sediment has also been seen encroaching on the stream near
sediment basin #7. Sediment was observed near both of your stream crossings as well. In your
401 certification (DWR#20201903), dated May 20, 2021, additional conditions #3, 5, & 10,
clearly state that such actions would be considered a violation of water quality standards.
Regulations state that, "The best usage of waters shall be aquatic life propagation, survival, and
maintenance of biological integrity..." and "The conditions of waters shall be such that waters
are suitable for all best uses specified in this Rule. Sources of water pollution that preclude any
of these uses on either a short-term or long-term basis shall be deemed to violate a water quality
standard." While short-term actions, e.g. silt fencing, has been placed near the streams, it
appears to have not been maintained properly and slopes have not been matted or seeded.
NORTH CAROLINAD_E
0000Mwnl of Enrl,onnmenlel Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Required Corrective Actions:
1) Action shall be taken to protect the stream channel(s) from increasing impacts
from sediment deposition. Silt fencing shall be properly installed in order to
maintain water quality. Any bare areas shall be stabilized with seed and straw.
2) Where sediment is obviously impacting jurisdictional streams at the site, it shall
be removed and returned back within the approved project boundary unless
approved by DWR.
3) A third party consultant with stream cleanup experience should be obtained in
order to oversee the process.
4) Sediment basins shall be maintained properly so as not to discharge sediment
directly into jurisdictional waters.
5) All actions should be completed 30 days after to receipt of this letter.
If you have an explanation or any information/documentation related to the noted violation that
you wish to present, please respond within fifteen (15) days of receipt of this Notice. Your
response should address the items identified in this Notice of Violation. If you fail to respond
within, then enforcement and civil penalties shall be forthcoming. It is requested that Cabarrus
County hold any permits/approvals for this site until the matter is resolved. Please note
that pursuant to G.S. 143-215.6A, these violations 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 attention to this matter. Should you have any questions regarding these
matters, contact Mr. Doug Perez at [e-mail] or [phone].
Sincerely,
,-DocuSigned by:
A.sot o H Nue4
\--F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: Perry Isner, Wetlands & Waters, [e-mail]
Krysta Stygar, USACE Regulatory Field Office, [e-mail]
Shelton Sullivan, Compliance/Enforcement, email
Jesse McDonnell, DEMLR-MRO, [e-mail]
Kelly Sifford, Cabarrus County, [e-mail]

Photos below showing depostion October 5, 2021.

Site plan showing location of stream and wetland impacts (circled in red).
Sediment has breached near sediment basin #7 and is approaching stream. October 5, 2021.