20000034 Ver 1_Notice of Violation_20090714

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North Carolina
Beverly Eaves Perdue
Governor
Todd H Dickens
DPM of the Carolinas, LLC
80 Spring Street SW
Concord, NC 28025
Subject
Dear Mr. Dickens:
July 14, 2009
Resources
Dee Freeman
Secretary
NOTICE OF VIOLATION and
00 -0D34
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-PC-0620 (Corrected Copy)
Failure to Comply with 401 WQC Conditions
DWQ # 00-0034
Cabarrus County, NC
On March 20, 2001 Water Quality Certification (hereby known as WQC) DWQ #00-
0034 with Additional Conditions was issued to DPM of the Carolinas, LLC. Additional
Condition No. 2 of WQC #00-0034 stated that compensatory mitigation for the project
would be satisfied by payment into the NC Ecosystem Enhancement Program (hereby
known as NCEEP), formerly known as the Wetland Restoration Program. The mitigation
required was:
Mitigation Type Amount Required
Stream 270 Linear Feet
Wetland Acre(s)
Buffer Square Feet
NCEEP issued an invoice for the required mitigation payment on March 20, 2001. On
July 8, 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
NCDENR
Department of Environment and Natura
Division of Water Quality
Coleen H. Sullins
Director
NorthCarolin,
Natumlly
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 3
DPM of the Carolinas
Cabarrus County
401 Water Quality 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 2 the WQC.
Also during the inspection, staff failed to observe any storm water management ponds
(post construction) as required by the certification and as submitted to DWQ for review
during the permitting process.
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 DWQ
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 fifteen (15) calendar days of receipt of this Notice, you must provide
documentation that the storm water management ponds are in place and
operational (identified via aerial photos, or other means). Please submit this
information to the Mooresville Regional Office, as well as 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.
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.
Page 3 of 3
DPM of the Carolinas
Cabarrus County
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,
q1 t (3 1Z--
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