HomeMy WebLinkAbout20201604 Ver 1_Noncompliance Resolution Approval Letter_20230620Doc 1" Envelope ID: 70BBAF85-5B51-4B7D-AEBF-D67915FEC7FE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Lennar Homes
Mr. Wesley Smith
wesley.smith@lennar.com
Jasper Place Homeowners Association
Mr. Landon Walls
landon.walls@lennar.com
NORTH CAROLINA
Environmental Quality
June 20, 2023
Subject: RESOLUTION OF NON-COMPLIANCE
DWR# 20201604
Jasper Place SD (fka Gannon Ave)
Wake County
Dear Sirs:
The Division of Water Resources (Division) is in receipt of a proposed resolution plan and recorded
Revised Declaration of Protective Maintenance Covenant in response to an email issued by Zach Thomas
of the DWR Raleigh Regional Office on March 3, 2023, documenting that the subject project was out of
compliance with 401 Water Quality Certification issued by DWR. The US Army Corps of Engineers issued
a Notification of Permit Noncompliance on March 2, 2023.
The Division hereby approves the proposed resolution plan, including the Revised Declaration of
Protective Maintenance Covenant recorded on May 30, 2023.
1. Construction of the in -stream measures proposed shall be completed by July 31, 2023. In stream
work shall be constructed "in the dry" and appropriate erosion control measures shall be
implemented during construction. The Division shall be notified when construction activities begin.
2. The stream site shall be monitored by a qualified environmental professional as indicated in the
Revised Declaration of Protective Maintenance Covenant.
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 still 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.
NORTH OAROLINA � �
uep.m.morF .n. wo�.i�
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 70BBAF85-5B51-4B7D-AEBF-D67915FEC7FE
D W R#20201604
Jasper Place
Wake County
Page 2 of 2
Should you have any questions regarding these matters, please contact Sue Homewood at 336-813-
1863 or Sue.Homewood@deg.nc.gov.
Sincerely,
DocuSigned by:
V AA)-SS0, f,
B2916E6AB32144F...
Vanessa Manuel
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— RRO
Electronic cc: David Bailey, USACE Raleigh Regulatory Field Office
Lauren Norris -Heflin, Timmons
RRO File Copy
ID
E
Q1North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
gaparMeM of EmironmanW quay