NCGNE1567_NOV (Signed)_20230505

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
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N,];ZTH CARCLINA
Environmental Quality
May 05, 2023
CERTIFIED MAIL: 7017 0190 0000 2485 6639
RETURN RECEIPT REQUESTED
Newrest RDU LLC
Attn. Wayne Devendorf
1000 Parliament Ct, Suite 400
Durham, NC 27703
Subject: NOTICE OF VIOLATION (NOV-2023-DV-0196)
Newrest RDU, LLC
Durham County, North Carolina
Mr. Devendorf:
On January 10, 2023, Thad Valentine from the Raleigh Regional Office of the Division
of Energy, Mineral and Land Resources (DEMLR), visited the subject site located at 1000
Parliament Ct, Durham in Durham County, North Carolina. The site visit revealed that
Newrest RDU, LLC does not qualify for a no exposure and was therefore denied for the no
exposure permit. The denial letter drafted and mailed to you on March 06, 2023, required
that you obtained coverage under an NPDES General Permit for stormwater discharges
from the site. The site currently discharges stormwater affected by processes on site to
waters leading to receiving waters designated as Stirrup Iron Creek, a class C;NSW stream
in the Neuse River Basin,
An NPDES permit is required to discharge stormwater to waters of the state in accordance
with G.S. 143-215.1(a) Title 15A North Carolina Administrative Code (hereby known as
NCAC) 21-1.0126. Enclosed with the inspection report is a copy of a Notice of Intent (NO[)
that shall be filled out and submitted to the Department of Environmental Quality within
30 calendar days of the receipt of this Notice. Submission information can be found in the
NOI.
D Q> North Carolina Department of Environmental Quality - Division of Energy, Mineral and Land Resources
Raleigh Regional Office 1628 Mail Service Center: 3800 Barrett Drive I Raleigh. NorthCarolinaa 27601)
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Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be properly resolved. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000 per day for each violation. Your
efforts to undertake activities to bring the subject site into compliance are not an
admission, rather they are actions that must be taken in order to begin to resolve ongoing
environmental issues. The permit and related N01 documents can be found at the Division's
website at: https:lldeq.nc.gov/about/divisions/energy-mineral-and-land-
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2022 The timelines with which you submit an NO[, the degree and extent of harm to the
environment, and the duration and gravity of the violation(s) will be considered in any civil
penalty assessment process that may occur. Should you have any questions regarding these
matters, please contact Thad Valentine at [phone].
Sincerely,
William H. Denton, IV PE
Regional Engineer Supervisor [[
Land Quality Section
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D North Carolina depariment of Environmental Quality I Division of Energy, Mineral and Land Resourres
Raleigh Regional Office I628 Mail Service Center 13800 Barrett Drive l Raleigh, North Carolina 27609
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