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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