20051100 Ver 1_More Info Received_20081021

W ATF
RQG
p?pF Michael F. Easley, Governor
y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources

Q Coleen H. Sullins, Director
Division of Water Quality
October 21, 2008
CERTIFIED MAIL
Return Receipt Requested
7007 1490 0004 4509 6390
Mr. Jeffrey Carpenter
Pavilion At Twenty Nine, LLC
P.O. Box 5028
Concord 28027
Mr. Jeffrey Carpenter
Properties, Carpenter Investments
745 Cabarrus Ave.
Concord, NC 28025
Subject: Storm Water Management Pond
CVS 46518, Highway 29
Mecklenburg County, NC
Dear Mr. Carpenter:
On February 6, 2008, this office regarding the maintenance of the above reference storm
water pond issued a letter. This letter noted the following:
¦ The storm water outlets are discharging to far up slope eroding the banks. A
make shift diversion was constructed to divert storm flow to a micro pool. It has
failed and is it allowed per plan.
¦ The interior slopes were eroding filling in the pond. Excluding the
aforementioned outlets.
¦ The micro pools proposed in the design were not observed.
¦ The pond is not being maintained as required and is not properly constructed.
Nor does there appear to be an access point to allow maintenance of the pond.
Following this letter, I met with a representative from your company and Mr. Ken
Staley of the McWhirter Grading Company to discuss the matter and the possible steps to
correct the problems. As of this date no information has been submitted stating the
problems have been addressed. Failure to properly maintain the storm water pond is a
violation of the 401 Water Quality Certification issued on August 4, 2005 (DWQ # 05-1100)
for the development of this site. Be advised that this violation and any future violations are
subject to civil penalty assessments of up to $25,000.00 per day for each violation.
Mailing Address Phone [phone] Location on?`rthCahCarolina
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 Np
Mooresville, NC 28115 Mooresville, North Carolina ^ a"y
Internet: ww".newaterauality.or2 Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
It is requested that a written response be submitted to this office by November 7, 2008
indicating the actions taken and timeline to rectify the observed problems. Be advised that
failure to address the noted issues and comply with the approved storm water management plan
will result in an enforcement action resulting in civil or criminal penalties.
Thank you for your prompt attention to this matter. If you have any questions, please do
not hesitate to contact Mr. Johnson or me at [phone].
Sincerely,
Alan D. o son
Environmental Sr. Specialist
Surface Water Section
cc: Shelly Yungfleisch - City of Charlotte
Wetlands Unit -Annette Lucas
Central File