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HomeMy WebLinkAbout20071783 Ver 2_Notice of Violation_20080929Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 29, 2008 Mr. Keith Pugh City of High Point - Engineering Services 211 South Hamilton St, Suite 210 High Point, NC 27260 Subject: Response to NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Failure to Follow NPDES General Stormwater Permit NCG010000 Failure to Follow General Certification Authorization #07-1783 v2 N. Pendleton Street Extension Guilford County Dear Mr. Pugh: The Division is in receipt of your response to a Notice of Violation issued by this agency on August 27, 2008. Your response indicates steps you have taken to identify how the violation occurred and measures you have, and will take, to prevent future violations. Your response also included a Buffer Restoration Plan. The Division has reviewed this plan and believes that adherence to this plan will provide sufficient mitigation for the unapproved impacts to the Randleman Buffer. Please ensure that the plan is appropriately followed upon completion of this project and removal of the sediment and erosion control devices that are currently in the area to be restored. Buffer restoration should be done only during the fall and winter. You must contact the Division when the restoration work is complete. In addition, you must monitor the buffer restoration area for three years to ensure survival of the buffer plantings. If insufficient growth occurs, additional plantings may be necessary. While monitoring the buffer restoration area the City must also monitor the natural re-vegetation of the wetland areas that were impacted without approval. Should these areas not re-vegetate naturally from the material that was not removed, wetland plantings may be necessary at a later date. The Division retains the authority to require restoration of the impacted areas at a later date. Thank you for your attention to this matter. Should you have any questions regarding these matters, please contact this Office at (336) 771-5000. Sincerely, Steve W. Tedder Water Quality Regional Supervisor Winston Salem Regional Office cc: Andy Williams, US Army Corps of Engineers - Raleigh Regulatory Field Office DWQ NPS Assistance and Compliance Oversight Unit (NOV-2008-PC-0619) One WSRO-SWP (NCR001090) N Carolina WSRO-40UWetlands (07-1783) Natmully North Carolina Division of Water Quality 585 Waughtown Street Phone 336) 771-5000 Customer Service Internet: www.ncwaterquality.ort? Winston Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper