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HomeMy WebLinkAbout20210826 Ver 1_NOV-2022-WP-002_20220825DocuSign Envelope ID: 7044193C-77F5-4FFE-995C-7C4D9641A52C ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 25, 2022 CERTIFIED MAIL # 7017 1450 0001 6450 0078 RETURN RECEIPT REQUESTED JTM Investments, LLC Attn: Mr. Matt McChesney 110 Oakwood Dr Winston Salem, NC 27103 Delivered via email to: mcchesney@taylormcchesney.com Subject: NOTICE OF VIOLATION NOV-2022-WP-0002 DWR Project# 20210826 Marrin Estates Subdivision Forsyth County Dear Mr. McChesney: On August 16, 2022, Sue Homewood and Seren Homer of the Division of Water Resources (Division) Winston-Salem Regional Office conducted a site inspection on the above -referenced project. During the site inspection, Division staff inspected the approved stream impacts related to the road crossing on Salt Creek Lane. Staff also observed that approved utility impacts have not occurred within the site as of the date of the inspection. The following observations and violations were noted during the inspection and subsequent file review: 1. 401 Water Quality Certification Number WQC004535 states that "The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification." In addition, Condition #18 states that "Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows... Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life." During the site visit, Division staff observed that the culvert installation did not meet the approved plans and does not comply with Condition #18. NORTH ntntE NA oeperereM m Environmental o..nry North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 DocuSign Envelope ID: 7044193C-77F5-4FFE-995C-7C4D9641A52C JTM Investments, LLC NOV-2022-WP-0002 Page 2 of 2 2. Title 15A North Carolina Administrative Code 02B .0211 (12) requires that "oils, deleterious substances, or colored or other wastes" (including sediment): "only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses." During the site inspection, Division staff observed that the stream downslope of the culvert has been impacted by sediment deposition from recent land disturbance and culvert installation activities. Required Response Accordingly, you are directed to respond in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office and include the following information: 1. Provide a culvert plan/revision that will comply with Condition #18 of the 401 Certification #WQC004535 / DWR Project #20210826. 2. Ensure that adequate erosion control measures and construction techniques are implemented at the site to prevent further sediment impacts to downstream waters. Thank you for your attention to this matter. The Division requires that the violations, as detailed above, be abated and properly resolved. This Office is considering a recommendation for civil penalty assessment to the Director of the Division of Water Resources regarding the above -mentioned violations on the subject site. Pursuant to G.S. 143-215.6A, the above -mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above - mentioned response to this correspondence will be considered in any further process that may occur. Should you have any questions regarding these matters, please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov. Sincerely, /— DocuSigned�by: L_JA. 5AAlcx `— 145849E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Electronic cc: Thomas Martin, MidSouth Land Services, Inc. Brad Luckey, Pilot Environmental Inc Samantha Dailey, US Army Corps of Engineers Raleigh Field Office Kent Wall, Erosion Control Division, City of Winston Salem Shelton Sullivan, DWR 401 & Buffer Permitting Branch WSRO File Copy ODE NORTH CAAOLINA gapnrhnenl ntEmirnmm�nlal quay North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105 336.776.9800