BUNCO-2019-010_NOV_20190114

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ROY COOPER
l Governor
MICHAELS.REGAN � .'
Secretary +-
WILLIAM E.(TOBY)VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
Date 14 January 2019
CERTIFIED MAIL 7017 2620 0000 9759 0324
i RETURN RECEIPT REQUESTED
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Mr. Vladimir Grebenyuk
21 Westmont Dr.
Asheville,N.C. 28806-5100
RE: NOTICE OF VIOLATION
Construction Stormwater General Permit-NCGO10000
Project Name: Grading Improvements for Vladmir Grebenyuk
Project ID: BUNCO-2019-010
Buncombe County
Compliance Deadlines: 15 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Grebenyuk:
On January 11, 2019, personnel of this office inspected a project located on US 19/23 Smokey Park
Highway, PIN# 8687.53.7567, 8687.63.1693, Asheville in Buncombe, County, North Carolina. This
inspection was performed to determine compliance with the National Pollutant Discharge Elimination
System (NPDES) for Stormwater Discharges. The inspection revealed a land-disturbing activity of
approximately 3.2 acres being conducted.
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A Construction Stormwater General Permit-NCGO10000 is issued upon the approval of an Erosion and
II Sedimentation Control Plan. This permit applies to projects that receive a Division of Energy, Mineral
and Land Resources, or delegated local program, Erosion and Sedimentation Control Plan Approval
Letter for land disturbance of 1 acre or greater. Specifically,the General Permit(NCGO10000)authorizes
the discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title 15A North Carolina Administrative Code 2H .0100.
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p' As a result of the inspection, the following violations are noted:
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Item I Staff with the Division of Energy, Mineral and Land Resources, Land Quality Section
j; determined during their inspection that the site was in violation for failure to follow
approved plan. This represents a violation of Section III, Item 3) of the NCG010000
F General Permit, which states in part: "The Permittee must implement and follow the
E&SC Plan, which has been approved by Division of Land Resources or local delegated
program."
_ North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Asheville Regional Office 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
828.296.4500

Mr.Vladimir Grebenyuk
January 14, 2018
Item II Staff with the Division of Energy, Mineral and Land Resources, Land Quality Section
determined during their inspection that the site was in violation for failure to maintain
erosion control measures. This represents a violation of Section III, Item 4) of the
NCGO10000 General Permit,which states in part:"...the permittee must...implement and
maintain best management practices (BMPs) and control measures..."
{ Item III Records of daily rainfall data could not be provided for review as requested. This
represents a violation of Section ILB,Item 3)b)of the NCGO10000 General Permit,which
states in part: "A written record of the daily rainfall amounts shall be retained and all
records shall be made available...upon request."
Item IV Records of inspections of erosion and sediment control measures and observations of
stormwater outfall discharges could not be provided for review.This represents a violation
of Section II.B., Item 3)e) and Item 3)d) of the NCGO10000 General Permit, which states
j in part: "Erosion and sedimentation control measures shall be inspected to ensure that they
ll are operating correctly. Inspection records must be maintained for each inspection event
and for each measure." and"...stormwater runoff discharge outfalls shall be inspected by
observation...at least once every seven calendar days and within 24 hours after any storm
event greater than 0.50 inches of rain per 24 hour period."
Requested Response:
You are asked to respond to this office, in writing,within 15 calendar days from receipt of this notice.
Your written response should include an explanation as to the cause of the aforementioned violations.
Please explain in your response the date by which the above items have been or will be completed and
how you propose to prevent these violations from recurring on this project and on any future projects.
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be properly resolved. These violations and any future violations are subject to a civil penalty
assessment of up to$25,000 per day for each violation. Should you have any questions regarding these
matters,please contact Michael Smith or me [phone].
Sincerely,
tanley E. Aike .Gn
Regional Engin er
Land Quality Section
Enclosure: Inspection Report

Mr.Vladimir Grebenyuk
January 14, 2018
ec: Annette Lucas,PE, Stormwater Program Supervisor, ([e-mail])
Doug Sharp, Erosion Control Officer, (doug.sharp@buncombe county.org)
Zan Price, PE, Assistant Regional Supervisor Water Quality Regional Operations Section
([e-mail]).
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Sedimentation/Construction Stormwater Inspection Report
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
2090 US Highway 70, Swannanoa,NC 28778 [phone]
_i County: Buncombe Project: Grading Improvements for Valdimir River basin: French Broad
Person financially responsible:Vladimir Grebenyuk Project#: BUNCO-2019-010
Address: 21 Westmont Dr.,Asheville,N.C.28806
1. Project Location: US 19/23 Stookey Park Highway,Asheville N.C.PIN#8687.53.7567,8687.63.1693
Pictures: Yes-Digital
�I2. Weather and soil conditions: Clear,sunny,41 degrees F,workable soils Initial inspection: Yes
3. Is site currently under notice of violation? Yes
4. Is the site in compliance with S.P.C.A.and rules? No If no,check violations below:
1 5. Violations:
✓ o. Failure to maintain rain gauge or record daily rainfall,NCG 010000 Sec.II,B.1(a,b)
✓ p. Failure to meet self-inspection and reporting requirements,NCG 010000 Sec.II,B.1(c-i)
✓ s. Failure to install and maintain BMP's,NCG 010000 Sec.III,4
✓ I. Failure to operate and maintain control measures,NCG 010000 Sec.IV, 1
6. Is the site in compliance with the NPDES Permit? No
Describe: Failure to maintain self-inspection reports. Failure to maintain a range gage on site. Failure to maintain erosion and
sediment control measures.
7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply)
✓ Lake/Natural watercourse off the tract
Description: Sediment deposition off tract in the UT of George Branch,stream classification C.
1 Degree of damage: Severe
8. Contact made with(name): Vladimir Grebenyuk Title: Developer
Inspection report: Sent Report Date given/sent: Sent with NOV
9. Corrective action needed:
1 Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
2 Provide adequate temporary or permanent ground cover on areas where land-disturbing activity
has ceased in 7 or 14 days according to NCG 010000 permit.
3 Inspect all erosion and sedimentation control measures and storm discharge outfalls at least
weekly and within 24 hours of a rainfall event of%:inch or greater and complete self-monitoring
reports.
4. Maintain a rain gauge in good working order and record daily rainfall amounts.
1 5 Provide a copy of the approved sedimentation and erosion control plan and NPDES permit on
site.
10. Comments: On Friday, 11 January 2019,this site was inspected for NPDES compliance. No
self-inspection reports were available on-site. Additionally,the rain gauge was just being
installed on-site at the time of inspection.
Sedimentation was observed off-site in the unnamed tributary of George Branch.

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Sedimentation/Construction Stormwater Inspection Report
North Carolina Department of Environmental Quality
Division of Energy,Mineral and Land Resources
2090 US Highway 70, Swannanoa,NC 28778 [phone]
Reported by: Michael Smith
Date of inspection: January 11,2019 Time arriving on site: 12:00 PM Time leaving site: 1:30 PM
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