20052167 Ver 1_Notice of Violation_20070924

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 24, 2007
CERTIFIED MAIL # 7006 0810 0002 6049 5334
RETURN RECEIPT REQUESTED
Denmark Construction Company, Inc.
Attn: Matthew Winslow
416 US 1 Hwy Ste AB
Youngsville, NC 27596
Subject: Notice of Continuing Violation /Recommendation
for Enforcement and follow-up site visit
Winston Ridge Plantation
DWQ # 20062167
Dear Mr. Winslow:
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On August 20, 2007, Vicki Fuentes and Shelton Sullivan from the Division of Water Quality
(DWQ) conducted a site visit at the Winston Ridge Plantation subdivision in response to a
request from EcoScience. The purpose of the visit was to assess and evaluate the violations at
the subject property. The site visit and file review confirmed the violations noted in the Notice
of Violation dated October 24, 2007.
Following the site visit, EcoScience issued minutes dated 8/31/07 regarding the discussions that
took place that day, as well as the intended course of action in order to resolve the existing
violations.
DWQ would like to clarify the pond issue with the following:
Shelton Sullivan and Vicki Fuentes (the DWQ inspectors), along with the US Army Corps of
Engineers (USAGE) representative Eric Alsmeyer, agreed that the pond could be restored since
it was originally allowed in your 401 certification. However, re-filling the pond level to
anything other than what was originally approved requires the approval of the DWQ 401 unit
and must be processed accordingly.
It is therefore recommended that you restore the pond to its original level in order to achieve
compliance with your current 401 certification. Otherwise, you must seek approval from the
401 Express Permitting Unit by requesting a modification of your existing 401 Water Quality
Certification and you must complete apre-construction notification application and submit it to
the 401 Unit as well as to the USAGE.
Please respond within 20 days of receipt of this letter with a resolution to the above. This
response should be sent to:
• Vicki Fuentes -Division of Water Quality, Raleigh Regional Office, 1628 Mail Service
Center, Raleigh, NC 27699-1628

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9/21/2007
Winston Ridge
Wake County
• Ian McMillan - 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Boulevard,
Suite 250, Raleigh, NC 27604
• Shelton Sullivan -Division of Water Quality, Non-Point Source Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality regarding
these issues and any future/continued violations that may be encountered. Your above-
mentioned response to this correspondence will be considered in this process. These violations
and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding this matter, please contact Vicki
Fuentes at [phone] or myself at [phone].
Sincerely,
r
Danny Smith, upervisor
Division of Water Quality
Raleigh Regional Office
cc: Elizabeth Scherrer, EcoScience Corporation, 1101 Haynes Street,
Suite 101, Raleigh, NC 27604
Amy Chapman - 401 Oversight and Express Permits Unit
Ian McMillan - 401 Oversight and Express Permits Unit
Shelton Sullivan -DWQ NPS-ACO Unit
DWQ Central Files
RRO SWP Files