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
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NORTH CAAOLINA
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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