20051985 Ver 1_Notice of Violation_20111028

October 28, 2011
CERTIFIED MAIL #7010 1870 0001 3428 1096
RETURN RECEIPT REQUESTED
Mr. David Goracke
Westfield Homes of the Carolinas LLC
4112 Pleasant Valley Road
Raleigh NC 27612
Subject: Request for Information
Seagrove's Farm Subdivision, Apex NC
DWQ #05 -1985
Failure to Comply with 401 WQC Condition
Wake County
Dear Mr. Goracke:
On December 21, 2005, Water Quality Certification (hereby known as WQC) DWQ #05-
1985 with Additional Conditions was issued to Westfield Homes of the Carolinas, LLC,
Raleigh, North Carolina. Additional Condition No. 4 of WQC #05 -1985 stated that
compensatory mitigation for the project would be satisfied by payment into the NC
Ecosystem Enhancement Program (hereby known as NCEEP). The mitigation required
Was:
Mitigation Type
Amount
Required
Buffers — Zone 1
19,155 SF
Buffer — Zone 2
10,374 SF
NCEEP issued an invoice for the required mitigation payment on January 3, 2006. On
October 25, 2011, Martin Richmond from the Division of Water Quality (DWQ) Raleigh
Regional Office conducted a site inspection and observed that the impacts associated with
the Water Quality Certification have occurred at the site.
o e hCarolin
NNaturally
N. C. Division of Water Quality 3800 Barrett Drive Raleigh, NC 27609 (919) 791 -4200
Raleigh Regional Office
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

Page 2 of 3
Westfield Homes of the Carolinas, LLC
Seagrove's Farm
Wake County
As result of the site inspections and DWQ and NCEEP file reviews, this letter of inquiry
pertains to the following:
Item I. 401 Water Quality Certification Condition Violation
The 401 WQC, DWQ #05 -1985 was issued in accordance with Title 15A North
Carolina Administrative Code 2H .0500. By failing to submit payment to the
NCEEP for compensatory mitigation for the project prior to the impacts
occurring, you may be in violation of Additional Condition 4 of your WQC
DWQ# 05 -1985.
Requested Response
Accordingly, you are directed to respond to this letter in writing. Your response should
include the following:
1. Response to NCEEP
a. Upon receipt of this correspondence, you are required to contact Kelly
Williams of NCEEP (Phone: 919 - 716 -1921; Email:
kelly.williams @ncmail.net; Mailing Address: 1652 Mail Service Center,
Raleigh, NC 27699 -1652) within ten (10) calendar days to request a new
invoice, as the previous invoice has expired.
b. Once you receive the updated invoice from NCEEP, you are required to
submit payment in full to NCEEP for the compensatory mitigation prior to
the expiration date on the invoice.
2. Response to DWQ
Once payment has been submitted to NCEEP and the mitigation requirement(s)
set forth in Additional Condition 4 of the 401 WQC, DWQ #05 -1985 have been
completed, please provide notification to Martin Richmond of the DWQ Raleigh
Regional Office (Phone: [phone]; Email: martin.richmondgncdenr.gov).
Please include any relevant documentation obtained from the NCEEP.
Please respond to Martin Richmond (martin.richmond (a,ncdenngov) within 15 days of
receipt of this correspondence outlining your efforts to address the items set forth in this
letter.
Thank you for your attention to this matter. This office is in the process of developing a
Notice of Violation and Recommendation for Enforcement regarding these issues and
any future /continuing violations that may be encountered. Your above - mentioned
responses to this correspondence will be considered in this process. This office requires
that potential violations, as detailed above, be abated immediately. These violations
and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation.

Page 3 of 3
Westfield Homes of the Carolinas, LLC
Seagrove's Farm
Wake County
Should you have any questions regarding these matters, please contact
at [phone] or myself at [phone]. P111Martin Richmond
Sincer ly,
Danny SmA V
Surface Water Protection 'k--etion
cc: RRO File Copy
Katie Merritt - DWQ WBS Compliance and Permitting Unit
Kelly Williams - NCEEP In-Lieu Fee Program Coordinator
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