20201604 Ver 1_Noncompliance Resolution Approval Letter_20230807

DocuSign Envelope ID: 1279350B-ClA2-4F72-82FC-FDAOAOCDD308
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Lennar Homes
Mr. Wesley Smith
[e-mail]
NORTH CAROLINA
Environmental Quality
August 7, 2023
Jasper Place Homeowners Association
Mr. Landon Walls
[e-mail]
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 March 3, 2023.
The Division hereby approves the proposed draft resolution plan, including the Revised Declaration of
Protective Maintenance Covenant recorded on May 30, 2023 and the final resolution plans submitted
on July 28, 2023. This resolution letter shall replace the letter issued by DWR on June 20, 2023.
Construction of the in -stream measures proposed shall be completed by November 15, 2023, and
vegetative tree planting shall be completed by March 31, 2024. 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. Until construction is complete, Lennar Homes will ensure that the stream and sewer pipe will be
inspected once a week and after each one inch rain event.
3. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CARCLINA
919.791.4200

DocuSign Envelope ID: 127935OB-C1A2-4F72-82FC-FDAOAOCDD308
D W R#20201604
Jasper Place
Wake County
Page 2 of 2
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 336-813-
1863 or [e-mail].
Sincerely,
ocuSigned by:
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2916E6AB32144F_
Vanessa Manuel
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: David Bailey, USACE Raleigh Regulatory Field Office
Lauren Norris -Heflin, Timmons
RRO File Copy
D � � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CARCLINA 919.791.4200
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