20081552 Ver 1_Notice of Violation_20081020

Michael F. Easley, Governor
October 20, 2008
CERTIFIED MAIL 7007 3020 0000 6279 7570
RETURN RECEIPT REQUESTED
Carolyn McDowell
PO Box 567
Wilkesboro, NC 28697
Coleen Sullins, Director
Division of Water Quality
ak- 155
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2008-OP-0043
Failure to Obtain a 401 Water Quality Certification
Five Springs Property on east side of Cove Gap Road
Wilkes County
Dear Mrs. Carolyn McDowell:
The Division of Water Quality, Central Office, has received a recommendation for enforcement and assessment of
civil penalties for the violations addressed in the Notice of Violation, August 22, 2008. From the impacts
observed during site visits and the file review, the following violations are noted:
I. Stream Standard Violation - Conditions Related to Best Usage 15A NCAC 2B .0211 (2) from the
approximately 70 linear feet of stream impacts.
It. Other Waste - Title 15A NCAC 02B. 0211 (3)(f) from approximately 70 linear feet of stream impacts.
Ill. Failure to secure a 401 Water Quality Certification according to Title 15A NCAC 2H.0501 and.0502.
These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. If you have any additional information that you wish to be considered during this process, please
provide it within 10 calendar days of your receipt of this letter. Send information to:
Amy Euliss at the Winston-Salem Regional Office, 585 Waughtown St., Winston Salem, NC 27107.
If you have any questions, please feel free to call Amy Euliss at [phone].
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Wetlands and Stormwater Branch, Compliance and Assistance Unit
DWQ Winston-Salem Regional Office
North Carolina Division of Water Quality 585 Waughtown Street Winston Salem, NC 27107
Internet: h2o.enr.state.nc.us
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
NhCarolina
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