20060963 Ver 3_NOV Response_20080404

WAKEfIELD
J
Mr. John Hennessy
NC DENR-DWQ - Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SUBJECT: Assessment of Civil Penalties
Amelia Park, LLC
Renaissance Park
Wake County
Case No. PC-2008-0001
Dear Mr. Hennessey:
?Y ?®
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Q?c?r?oe?D
APR 4 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
I would like to thank you and NC DENR-DWQ for the ability to present evidence that I
feel pertains to the civil penalty that has been assessed against Amelia Park, LLC. I hope
that you will take the following into consideration in reviewing the penalty.
(b) Immediately following my notification of the sediment loss I began clean up and
abatement of the areas. These efforts were well under way as observed by Ms.
Hoban on her October 10th 2007 site visit. On October 18th 2007 Mr. Danny
Smith and Ms. Hoban visited the site again and observed the clean up efforts and
the extra erosion control measures that were put in place along the Tryon Road
crossing. A representative of the City of Raleigh was also present at that meeting
and commented that our erosion control measures were excessive.
On October 24t" 2007 we had another strong rain event that lasted approximately
3 days raining more than 6 inches. During this October 24th event the extra
measures that were put in place failed. The failure was due to the storin inlets
being blocked with inlet protection as mandated by the City of Raleigh storm
water department. The surface water built up in the low area of the road where the
inlets should have taken the water to a sediment basin but due to the inlet
protection it overwhelmed the erosion measures and went over both shoulders of
the road and caused severe erosion as shown in the pictures of exhibit A. As you
can see in exhibit A there was extensive silt fencing in place and vegetation
growing. It is my belief that this is the cause of the .5 acre impact that is
identified in Finding in Fact item L.
1-7-
3209 GRESHAM LAKE ROAD - SUITE 160 - RALEIGH, NORTH CAROLINA 27615 - [phone] - FAX: [phone]
In reference to Finding in Fact item H, again with the City of Raleigh mandating
inlet protection, the surface water could not enter the stone system and be
directed to sediment basin number 2 as it should have been. The surface water
had no choice but to run off the end of the street past sediment basin number 2.
(d) Amelia Park, LLC had not previously been assessed any civil penalties by
any agency.
In closing I would like to ask for the opportunity for a verbal and visual
presentation. I ask that you take these items into consideration. If you should have
any questions please contact me at 919-556-4310.
Sincerely,
Kern Ard
Land Development Manager
Wakefield Development Company
WAKEFIELD DEVELOPMENT COMPANY
3209GRESHAM 1.AKI? IZoAll-SUITE 160-1"1.I-:IGI I, NOU211 CAROLINA 27615 - [phone] -FAX: [phone]
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
Amelia Park, LLC ) STIPULATION OF FACTS
CASE NO. PC-2008-0001
Having been assessed civil penalties totaling $21,650.20 for violation(s) as set forth in
the assessment document of the Director of the Division of Water Quality dated February 28,
2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the
right to an administrative hearing in the above-stated matter and does stipulate that the facts are
as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support
of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil
penalty assessment.
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This the day of r, z 2009
NAME (printed)
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SI ATURE
ADDRESS
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