20080965 Ver 2_Notice of Violation_20090129

W A r, 9p Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
? r
Coleen H. Sullins, Director
(? r
Division of Water Quality
January 29, 2009
CERTIFIED MAIL
Return Receipt Requested
7007 1490 0004 4510 0936
Mr. Ken Beuley
TKC CXXVIII, LLC
5935 Carnegie Blvd. Suite 200
Charlotte, NC 28209
Subject: Notice of Violation and
Notice of Recommendation for Enforcement
NOV-2009-PC-0073
401 Compliance/NCAC 2H.0500
DWQ #08-0965
Crate and Barrel, Finger Mill Rd.
Lincoln County, NC
Dear Mr. Beuley:
On June 26, 2008 a 401 Water Quality Certification was issued for the subject
development. This letter is being issued as a Notice of Violation and Notice of Recommendation
For Enforcement for failure comply with Additional Conditions #1 and 42 of the 401 Water
Quality Certification.
401 Water Quality Certification (Additional Conditions)
Additional Condition 41 requires that the Mooresville Regional Office be informed once
construction has started at the site. Additional Condition 42 of the certification states that "prior
to construction, a final, written storm water management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing
authority) within 60 days of the issuance of the 401 Water Quality Certification. The storm
water management plans shall be approved in writing by this Office". As of this date, the
Mooresville office has not been notified, nor has a storm water plan been approved by the
Division of Water Quality (DWQ).
The Lincoln County Natural Resources Department approved a sediment and erosion
control plan on 10/24/08. On December 31, 2008, staff from Lincoln County conducted an
inspection at the site. Based on their observations, construction for the project is well underway.
Mailing Address Phone [phone] Location one
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301 No Carolina
Mooresville, NC 28115 Mooresville, North Carolina atUra!!y
Internet: www.ncwaterguality.or2 Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
This office requires that all work cease at the site until an approved storm water
management plan can be attained. It is requested that you respond in writing within 15 days
of receipt of this Notice. If you have an explanation for the noted violations that you wish to
present, please include them in your response. Your explanation will be reviewed and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the
Director with the enforcement package for his consideration. Please note that this violation
and any future violations are subject to civil penalty assessments of up to $25,000.00 per
day for each violation.
Be advised that DWQ is requesting that all approvals and permits be placed on hold for
this site until the matter is resolved. Thank you for your prompt attention to this matter. If you
have any questions, please do not hesitate to contact Mr. Johnson at [phone].
Sincerely,

Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: John Hennessy - Compliance/Enforcement
Ian McMillan - Wetlands
Kelly Atkins - Lincoln County, Bldg. and Dev., 302 N. Academy St., Lincolnton, 28092
Jan-28-09 08=34A LINCOLNTON FIELD OFFICE 17047368504 P.04
= SOIL EROSION and SEDIMENTATION CONTROL
Lincoln County Natural Resources Department
115 West Main Street, Lincolnton, NC 28092 704-736-8501 Fax: [phone]
LETTER OF APPROVAL
Project Name: Crate & Barre] Distrubution
Project ID #. O8-C:UM-10
Location: Finger Mill Road
Watershed: Catawba River Basin
Submitted By, Mansour Edlin Consul
Date received by LCNRD? 10/17/08
Plan e: Conum=ial
Acres Approved: 2.0 AC.
Clearing of Additional RIW
Date: 10124108
TKC CXXVIII, LLC
5938 Carnegie Blvd., Suite 200
Charlotte, NC 28209
Dear Kenneth R, Beuiey,
This office has reviewed the subject Soil Erosion and Sedimentation Control Plan. We find the plan to be
acceptable and hereby issuo this Letter of Plan Approval. If any modifications, performance reservations, or
recommendations are applicable, a list is enclosed and incorporated as a part of this letter of approval. If
any modifications are not incorporated into the plan and implemented in the field, the site will be in violation
of the Soil Erosion and Sedimentation Control Ordinance of Lincoln County, This plan approval shall expire
two (2) years following the date of approval, if no land-disturbing activity has been undertaken, as is
required by Lincoln County Soil Erosion and Sedimentation Control Ordinance Section 9(b).
'Title 15A NCAC 46 .0118(a) requires that a copy of the approved Soil Erosion and Sedimentation
Control Plan be on file at the job site. The Certificate of Approval that will be presented at the completion of
the Pre-Construciion Meeting must be posted at the primary entrance of the job site before construction
begins and until establishment of permanent groundcover is required by 15A NCAC 4B _0127(b). Also, this
letter gives notice required by G.S. 113A-61.1 (a) and Lincoln County Soil Erosion and Sedimentation
Control Ordinance Section 11(f) of our right of periodic inspection to insure compliance with the approved
plan.
Lincoln County's Soil Erosion and Sedimentation Control Ordinance is performance-oriented, requiring
protection of existing natural resources and adjoining properties. If, following the commencement of this
project, the Soil Erosion and Sedimentation Control Plan is inadequate to moot the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66) and
Lincoln County Soil Erosion and Sedimentation Control Ordinance Section 9(d), this office may require
revisions to the plan and implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules- Please be aware that the enclosed NPDES General Stormwater
Permit NCGO1000 (Construction Activities) will cover your project. You should first become familiar with ail
of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided In the
Financial Responsibility Form, which you provided. You are requested to file an amended form if there is
any change in the information included on the form.
Your cooperation is appreciated and we look forward to working with you on this project, If there are
any questions, please do not hesitato to contact this office at the above number.
Sincere I
J. Dave edford, RLA
Natural Resource Conservationist
Jan-28-09 08:34A LINCOLNTON FIELD OFFICE 17047368604 P_02
SOIL EROSION and SEDIMENTATION CONTROL

Natural Resources Department
Lincoln Count
y
I iS West Main Street, Lincotnton, NC 28092 70 4.736-8...01 Fax: [phone]

SEDIMENTIEROSION CONTROL INS NATUKnI ;
E TION REPORT crsouRCrs

Proiecl IN: Date: il, }
Name/Location. TYPE OF INSPECTION:
? initial Inspection
Project site: ? Compliant Inspection
Complaint By:
Name. Phone:
Project Owner/Address: a Routine Site Inspection ? Final inspection
?Storm inspection
M r Return Compliance Inspection
Construction Stage:
Parcel ID Weather: Initial Grading, Utilities, Infrastructure Buildings, S1rUCtures
!Z ?
& Final Site Stabilization or Other List,
1
Building Permit N, inspector Signature & D c: Time:
Start am/prn
Photo
S: End; _{3L} amlpm
,
Y or
Sediment & Erosion Control Plans Ygs No NA N oblems and actions taken
1plans Incased an-sita or approved designaind area

Site CoMmla listed in SECP in,place

SECP updated to rettoci site & contml changes

e-oitstudion Soqubrx;e is lxaing followed r ,

On-5118 mb?CtlinnS available, updated, rain gauge (on sale) '
IlErosion Control Effective Sediment Control Eifectiue
Vegetative and Soil Stabilization Yes No NA Yes No :'NA

Temporary Seeding Syabllized Construction Entrance

U manent Seeding It fence
Mulching ls3dirn,ent Trap
?oddin Sedlmont.8asin
Rolled Erosion Control Products
(RECPS} Rock Dam Basin
cirface Rou hec)ing tmer SedimentDasln
Grass Lined Channel porous Baffles

lwi Rap Uned'Channel
i
h;oclculants
Streambank Stabilization iptt protection

Wst Control $tzfter Zone

Ofher: _
Structural Erosion Controls Effective Structural Erosion Controls Effective
Yes No NA Yes . 't>fa - A
Check Dam CrtutAS and Flumes /
Aam wrstoaage Rip Rap Outlet Protection
Diversion Structur© (temp. or perm.) 1empora Slope Drain
IlLevel Spreader er'
Istrearn Crossing (temp. or perm.)

Jan-28-09 08=34A LINCOLNTON FIELD OFFICE 17047368604
Sediment+Ero=tun Conlin;
Insl)ection Report (Guidirn,tEx.l)
P_03
Objective: Keep any sediment on site Yes No NA Note any problems ldenfified and actions
taken
Are all soil stock plies in appropriate locations and COVeied, mulched or
VP.gatAted?
Are ail sediments, mud and debris twmg kept from public roads? Ensure
that there are adequate provisions to prevent mud tracking off site.
Aie dust control measures implemented where approprlate4
Is the site adequately steblllzed at this time? i?
Is the site rrurenuy under Not,cc of Non-Complianee (NONC)?
Is the site currently under Notice of Violation (NOV)?
Is the site in compliance with SPCA and t inroln County SESCO ?
ViolaEions:
( } No approved plan, G.S 113A-51(4) and 15A NCAC 04B .01070
( ) FAuro to follow a roved plan, 15A NCAG 048 .0113
( ) Failure to submit revised plan, G.S. 113A-54.1(0) and 15A NCAG 04B .0118(a)
( Failure to provide adequate groundcovcr. G.S. 113A•57 3) and 15 A NCAG 0413 .01074t)) and 15A NCAC 046.0124(e)
( ) Insufficiieni measures to retain sediment on site. G.S. 113A•57(3)
( ) Failure to take all reasonable measures, 1[i NCAC 0413.010,
( ) Inadequate buffer lone, G.S. 113A-57(1)
( ) Graded siopes and fills too steep. G.S. 113A-57(2) and 15A NCAC 04B.012,11(d)
( Unprotected exposed slopes, G.S. 113A-57(2)
( ) Eailim to maintain eroslon control measures, 15A NCAC 04B .0113
( ) Other (describe):
IPotantlial NPDES permit violatlon? Yes
Has sedimentation dartnage occurred since last inspectlon7 Yos N.2__- If yes, where?
..ocations of Sedimentation: L'hock all that a I below)
Bake / naWral.watercourse I wetland on tract () Poadwa
Lake I natural watercourse I wenand off tract O Storm Sewer
Other pmparty
Location Description:
Degree of damage:
( ) Slight ( ) Moderate (} Severe.
Corrective actions nuuded:
Contact trade with tnamm. V, J
initial bispediun II Givsn () Senl ( Faxed Date;
Complaint Inspection OGiven O Sent O Faxed Date:
Routine Site Inspection () Given ( Sent () Faxed Date:
Storm InspecttJon on O Given O Sent O Faxed Date:

Return compliance Inspection
( Given )Sent Faxed .
Date;
-clion Final InsW
?_
_O Given
O Sent
O Faxud
Date: