20140949 Ver 1_Notice of Violation (NOV)_20170608

Wa ter Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
June 8, 2017
CERTIFIED MAIL #7015 1520 0002 6984 9102
Return Receipt Requested
Mr. David Tucker
Tucker Land Holdings, LLC
2627 Brekonridge Centre Dr.
Monroe, NC 28110
Dear Mr. Tucker:
Subject: Notice of Violation
NOV-2017-PC-0342
401 Water Quality Certification, #14-0949
15A NCAC 2H.0500
Saddlebrook Development
Cabarrus County
On March 30, 2017, Alan Johnson with this Office met with Jason Randolph with the Army
Corps of Engineers, Greg Antemann with Carolina Wetland Services, and your representative, Andrew
Galek at the subject site regarding compliance issues. As of the date of this notice, the issues are still not
resolved. Based on the observations at the site and the approved 401 Water Quality Certification, this
letter is being issued as a Notice of Violation (NOV). The following violations were observed:
Violation 1: NCAC 2B.0211 (2): Preclusion of Best Usage:
At the southeast corner of the project an unapproved stream/wetland impact was observed due to
the construction of a stormwater BMP. The BMP must be removed or an application must be submitted
to permit the impact. In addition, the wetland on the northern boundary of the project is constantly
inundated from up gradient stormwater runoff. This continuous inundation is not conducive to the
hydrology of the wetland and will result in further loss of use. These impacts have resulted in the loss of
use 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
The aforementioned impacts were not approved; they are in violation of the general certification
issued for the project.
Required Corrective Actions:
The northern wetland should be continually pumped/drained to maintain natural hydrology and
prevent inundation until proper measures are taken and the issue is resolved with an appropriate
stormwater bypass. The stormwater bypass shall properly tie-in at the appropriate location downstream to
ensure that the pre-existing hydrology of the area is maintained. An application must be submitted to this
State of Norlh Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 2 1699 1611
9197079000

office for the impact because of the construction of the BMP in the southeast corner or the BMP must be
removed.
It is anticipated that all work to resolve this NOV shall be completed by July 30, 2017.
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 Midland and/or Cabarrus County place a hold on any permits
associated with this project until this matter is resolved.
Should you have any questions regarding these matters, contact Mr. Alan Johnson at
[e-mail] or [phone].
R
'o
Fat -W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDENR
cc: Jason Randolph, Army Corps of Engineers, Asheville, (email)
Matt Love, Code Enforcement, P.O. Box 707, Concord, NC 28026
Kassie Watts, Midland, [e-mail]
Shelton Sullivan — Compliance/Enforcement
Zahid Khan, DEMLR
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-1611
919.707.9000