20070419 Ver 1_Notice of Violation_20090710

AIL-v
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 10, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4510 2800
Mr. Howard Bryan
Superior Properties of Iredell
P.O. Box 1654
Statesville, NC 28687
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-PC-0623
Failure to Comply with 401 WQC Conditions
DWQ # 07-0419
Iredell County, NC
Dear Mr. Bryan:
On May 2, 2007, Water Quality Certification (hereby known as WQC) DWQ #07-0419 with
Additional Conditions was issued to Blue Stream Partners, LLC. Additional Condition No. 3 of
WQC #07-0419 stated that compensatory mitigation for the project would be satisfied by
payment into the NC Ecosystem Enhancement Program (hereby known as NCEEP). The
mitigation required was:
Mitigation Type Amount Required
Stream 240 Linear Feet
Wetland Acre(s)
Buffer Square Feet
NCEEP accepted your application into the program on February 7, 2007. On June 11, 2009, Alan
Johnson, from the Division of Water Quality (DWQ) Mooresville Regional Office conducted a
site inspection and observed that the impacts associated with the Water Quality Certification have
occurred at the site.
As result of the site inspections and DWQ and NCEEP file reviews, the following violations are
noted:
N. C. Division of Water Quality, Mooresville Regional Office, 310 E Center Ave., Mooresville, NC 28115, 704-663-1699
Natural Resources
NoLCaroh
Natumll
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 2
Blue Steam Partners, LLC
Mecklenburg County
401 Water Ouality Certification Condition Violation
The 401 WQC, was issued in accordance with Title 15A North Carolina Administrative Code 2H
.0500. By failing to submit payment to the NCEEP for compensatory mitigation for the project
prior to the impacts occurring, you have violated additional condition 3 the WQC.
Required Response
Accordingly, you are directed to respond to this letter in writing. Your response should include
the following:
1. Response to NCEEP
a. Upon receipt of this Notice, you are required to contact Kelly Williams of NCEEP
(Phone: [phone]; Email: [e-mail]) within ten (10) calendar
days to request a new invoice, as the previous invoice has expired.
b. Once you receive the updated invoice from NCEEP, you are required to submit
payment in full to NCEEP for the compensatory mitigation prior to the expiration
date on the invoice.
2. Response to DWO
a. Within fifteen (15) calendar days of receipt of this Notice, you must provide a copy
of the new invoice to DWQ. Please submit this to the NPS Assistance and
Compliance Oversight Unit, attention Katie Merritt, 1617 Mail Service Center,
Raleigh, NC 27699-1617 or call 919-807-6371 for an alternative way to send this
response.
b. Within ninety (90) calendar days from the invoice date, you must send verification
of your mitigation payment to DWQ. Please submit verification to the NPS
Assistance and Compliance Oversight Unit, attention Katie Merritt, 1617 Mail
Service Center, Raleigh, NC 27699-1617 or call 919-807-6371 for an alternative way
to send this response.
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 Quality regarding these issues and any
future/continuing violations that may be encountered. Your above-mentioned responses to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated and properly resolved immediately. These violations and any
future violations are subject to a civil penalty assessment of up to $25,000.00 per day for
each violation. Should you have any questions regarding these matters, please contact Mr. Alan
Johnson at [phone].
Sincerely,
_11?z( 6 L-,--
Robert B. Krebs
Surface Water Protection Section
cc: Katie Merritt - DWQ NPS Assistance & Compliance Oversight Unit
Kelly Williams - NCEEP In-Lieu Fee Program Coordinator
Cyndi Karoly - 401 Permitting Unit - File Copy