20130852 Ver 1_Notice of Violation (NOV)_20170608

Water Resources
ENVI FON MENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
June 8, 2017
CERTIFIED MAIL #7015 1520 0002 6984 9119
Return Receipt Requested
Mr. Martin Davis
MI Homes Charlotte
5350 Seventy Seven Ctr. Dr., Suite 100
Charlotte, NC 28217
Dear Mr. Davis:
Subject: Notice of Violation
NOV-2017-PC-0337
401 Water QualityCertification, #13-0852
15A NCAC 2H.0500
Blume Development (South)
Hickory Ridge Road, CabarTnS County
On June 6, 2017, Mr. Alan Johnson of the Mooresville Regional Office (MRO) conducted an
inspection at the subject project located on Hickory Ridge Road. Based on the observations at the site
and the approved 401 Water Quality Certification, this letter is being issued as a Notice of Violation. The
following violations were observed:
Violation 1: NCAC 2B.0211 (2): Preclusion of Best Usage:
Immediately up and down stream of both culverts installed at the site, the integrity of the stream
had been removed and not restored upon completion of the work. Such impacts result in the loss of use of
the channel for aquatic life. Specifically, the regulation states that preclusion includes "aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture..."
which represent a water quality standard violation.
Violation 2: 15A NCAC 2H .0506, General Water Quality Certification #3890
There are couple of issues occurring at the site: (1) Box culverts were installed, however RCPs
were submitted with the application for approval for both stream crossings and (2) Check dams were not
approved for use, however check dams were observed at both stream crossings.
Required Corrective Action for Violation 1:
The stream channel and topography immediately up- and downstream of both culverts shall be
restored to the pre-existing conditions to the satisfaction of staff. This shall be monitored and, upon
completion of the work, photos shall be submitted to the Mooresville Regional Office staff.
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 2 769 9-1611
919.707,9000

Required Corrective Action for Violations 2:
The culverts installed are not compliant with the approved 401 certification. The culverts shall be
removed, or sills and baffles (approved by DWR) can be constructed/installed in the box culverts.
The check dams shall be removed immediately. There shall be no evidence that they were placed
in the stream and riparian areas shall be observed.
It is anticipated that all work to resolve this NOV shall be completed by July 30, 2017.
This Office requires that the violations, as detailed above, be abated immediately. If you
have an explanation for the noted violations that you wish to present, please respond within 15 days
of receipt of this Notice. Your response should address the items identified in this Notice of
Violation and a plan of action to become compliant.
Please note that pursuant to G.S. 143-215.6A these violations and any future violations are
subject to civil penalty assessments of up to $25,000.00 per day for each violation. Thank you for
your attention to this matter.
It is requested that the Town of Harrisburg and/or Cabarrus County place a hold on any
permits associated with this project until these violations are addressed.
Should you have any questions regarding these matters, contact Mr. Alan Johnson at
[e-mail] or [phone].
Si c\er�II
�V V� \ �
ter- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: David Shaeffer, Army Corps of Engineers, Asheville, (email)
Matt Love, Code Enforcement, P.O. Box 707, Concord, NC 28026
Shelton Sullivan — Compliance/Enforcement
Zahid Khan, DEMLR
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 27699-1611
919.7079000