20080836 Ver 2_Notice of Violation_20090612

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NCDENR
Beverly Eaves Perdue
Governor
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
June 12, 2009
Mr. James Royster
Affordable Housing Group of NC
1300 Baxter Street, Suite 215
Charlotte, NC 28204
Peter Jugis
Bishop of the Roman Catholic Dioces
P.O. Box 36776
Charlotte, NC 28236
Subject: Notice of Violation
NOV-2009-PC-0521
Dee Freeman
Secretary
° JB@R?
JUN 1a2009
DENR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
401 Water Quality Certification (NCAC 02H .0500)
DWQ# 08-0836
Stormwater Construction Permit (NCR001751)
Curlin Commons
Iredell County, NC
Dear Messrs. Royster and Jugis:
On June 11, 2009, staff of this office conducted a 401 Certification compliance inspection at the subject
site to determine if the project was constructed as submitted to the Division of Water Quality (DWQ). Based on
the inspection of the stream crossing, the construction appeared to be, in general, compliant.
However you failed to notify the Mooresville Regional office that construction at the site had begun per
additional condition #1 of the 401 Certification. Also an inspection of the area showed that the silt fence
adjacent to the stream has failed in the past and is currently "stressed" in several areas from sediment
accumulations. Finally, Mr. Doug Wilson informed staff that no formal records were being maintained (with
the exception of recording rainfall on a calendar) as required by your construction storm water permit.
This letter is being issued as a Notice of Violation for the failure to comply with the 401 issued for the
site and your State General Stormwater Permit NCGO10000 that was issued in April 2008 by the Division of
Water Quality (DWQ) upon approval of your Sediment and Erosion Control Plan by the Division of Land
Resources.
Based on this office's inspection of the site, the following storm water permit violations were found:
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohna
Phone: [phone]Fax: [phone] Customer Service: 1-877-623-6748 a Ja??s y,?//?
Internet: www.ncwaterauality.org ?J ?? l L
An Eaual ODDortunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
General Stormwater Permit NCGO10000 - Condition Violations
Part I, Section B, #1: All erosion and sediment control facilities shall be inspected by or
under the direction of the permittee at least once every seven calendar days and within 24
hours after any storm event greater than 0.5 inches of rain per 24 hour period. A rain gauge
shall be maintained on the site and a record of the rainfall amounts and dates shall be kept by
the permittee. No rain gauge was observed on site.
Part I, Section B, #2: The operator shall keep a record of all inspections as required by
Section B, #1 noted above. These records shall be made available to DWQ upon request.
Part I, Section C: During construction and until the completion of the project and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
This office requires that the violations, as detailed above, be abated immediately. If you have an
explanation for the noted violations that you wish to present, please respond in writing within fifteen (15)
days following the receipt of this notice. Please note that these violations and any future violations are
subject to civil penalty assessments of up to $25,000.00 per day for each violation.
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: US Army Corps of Engineers
John Hennessey - Compliance/Enforcement
Ian McMillan - Wetlands Unit
Land Quality- MRO, IREDE-2008-062