20080499 Ver 3_Notice of Violation (NOV)_20170920

September 20, 2017
CERTIFIED MAIL #7015 0640 0005 81641879
RETURN RECEIPT REQUESTED
Mr. Brian Hall
TDO Land Holdings LLC
309 Gallimore Dairy Rd, Suite 102
Greensboro NC 27409
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0611
Project No. DWR#2008-0499 v3
Triad Business Park Phase II
Guilford County
Dear Mr. Hall:
On September 14, 2017, Sue Homewood with the Division of Water Resources Winston Salem
Regional Office conducted a compliance inspection of Triad Business Park Phase II with regard to
401 Individual Certification WQC004050, DWR Project No. 2008-0499 v3, issued to TDO Land
Holdings LLC on February 25, 2016. David Bailey with the US Corps of Engineers was present
conducting a 404 Individual Permit compliance inspection.
401 Individual Certification WQC004050, DWR Project No. 2008-0499 v3, was issued to TDO
Land Holdings LLC for 250 linear feet of perennial stream impacts and 0.64 acres of wetland
impacts for the extension of Old Greensboro Road to S. Bunker Hill Rd. During the compliance
inspection, it was determined that the culvert installation had temporarily and permanently
impacted more stream and wetlands than approved in Individual Certification WQC004050. The
pipe length identified in the approved plans indicated a culvert length of 110 feet, however the
culvert length was measured as 134 feet during the inspection. Increase of the culvert length
would correspond to an increase in stream impact length. In addition, the temporary
dewatering method used at the site had been modified therefore increasing the temporary
impact length upstream of the culvert to 64 feet of stream and an undetermined amount of
additional wetland impact. Finally, the dewatering diversion ditch had been directed into an
adjacent wetland instead of the stream. This had caused a loss of all hydrology to approximately
300 feet of the perennial stream and therefore 300 feet of temporary impacts had occurred
outside of the permit limits.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

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NOV-2017-PC-0611
September 20, 2017
Accordingly, the following observations and violations or permit condition violations were noted
during the Division of Water Resources inspection and subsequent file review:
1. The additional impacts (both temporary and permanent) that have resulted from the
increased culvert length and modification of temporary dewatering method are a
violation of WQC004050 Condition #1, which states the approved temporary and
permanent impacts to the streams and wetlands within the project boundaries.
2. Certification Condition #6 states that "The Permittee shall stake the limits of disturbance
at the culvert location and conduct a preconstruction meeting with the construction
contractor prior to disturbance of the impact area. The Division shall be notified of the
meeting two weeks prior to its scheduled date". The Division had not been notified of a
preconstruction meeting.,
The unauthorized temporary and permanent stream impacts as described above are
violations of Title 15A North Carolina Administrative Code 02B .0211 (2). Title 15A North
Carolina Administrative Code 02B .0211(2) requires that"The waters shall be suitable for
aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water
quality standard
4. The wetland_ impacts are violations of Title 15A North Carolina Administrative Code 02B
.0231(bl (1) Liauids. fill or other solids or dissolved Eases may not be present in amoun
which may cause adverse impacts on existing wetland uses; (5) Hydrological conditions
necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations
Required Response
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. You must immediately develop and implement a modified dewatering plan that provides
for re-establishment of hydrology into the stream channel below the impact area. You
must notify the Winston Salem Regional Office upon completion of this requirement.
2. Please provide documentation to the Division that compares the permitted impact areas
with the impact areas as they currently exist. If this evaluation shows additional
permanent impacts to either the stream or wetlands then you must either provide a
plan to show how the project will be brought back into compliance with the Water
Quality Certification or an submit an application for a modification to the Individual
Water Quality Certification.

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NOV-2017-PC-0611
September 20, 2017
Please provide a stream restoration plan for the temporarily impacted area from the
upstream dike to the culvert inlet. The restoration plan must include a profile drawing
utilize natural channel techniques appropriate for the stream bed slope to the maximum
extent practical. You must not redirect flow into the culvert until this restoration plan
has been approved by the Division and the US Army Corps of Engineers.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Resources regarding
these issues and any future/continued violations that may be encountered. This office requires
that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and/or failure to secure proper authorizations have been documented
on the subject tract as stated above. Your efforts to undertake activities to bring the subject site
back into compliance is not an admission, rather it is an action that must be taken in order to
begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Sue Homewood at 336-776-9693 or me at 336-776-9696.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
Brad Luckey, Pilot Environmental Inc (via email)
L. Allan Hill, PE, Triad Design Group (via email)
WSRO File Copy
Karen Higgins — 401 & Buffer Permitting Unit