HomeMy WebLinkAboutSW3141103_NOV_20190212Energy, Mineral
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ENVIRONMENTAL QUALITY
February 12, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
TKC CXXII, LLC
Attention: Mr. Alan Lewis
1010 Corporate Center Drive
Salisbury, North Carolina 28146
Subject: NOTICE OF VIOLATION
Project: Marley
SW3141103
1010 Corporate Center Drive
Salisbury, North Carolina
Rowan County
Dear Mr. Lewis:
ROY COOPER
Cnvernar
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Direct r
7016 1370 0000 2595 9195
RECFiVFD
FEB 19 2013
DENR-LAND QUALITY
STORMWATER PERMITTING
Nov - OW l9 - PG - 0�.30�
On February 6, 2019 NCDEQ Land Quality staff inspected the subject facility for compliance with the
State Stormwater Post Construction Permit SW3141103. Based on the inspection and lack of maintenance, the
site is not in compliance. Please see the attached inspection report.
Required Response:
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of
this Notice. Your response should be sent to this office at the letterhead address. Pursuant to G.S. 143-215.6A,
these violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and
extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any
Stale of Nonh Carolina 1 Environmental Quality I Energy, Mineral anti Land Resources
Mooresville Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 29115
704 663 1699 T
TKC CXXII, LLC
Notice of Violation
February 12, 2019
Page 2 of 2
civil penalty assessment process that may occur. Should you have any questions regarding these matters,
please contact Angela Lee at (704) 235-2139.
Sincerely,
? Ir- j(—,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
AL/cys
Attached: Inspection Report
ct, Central Office Stormwater Permitting Program
Compliance Inspection Report
Permit: SW3141103 Effective:12/06/14 Expiration: 12/05/22
Project: Project Marley
Owner: Tkc Cxxii LLC
County: Rowan Adress: 1010 Corporate Center Dr
Region: Mooresville
City/State/Zip: Salisbury NC 28146
Contact Person: Alan Lewis Title: Phone: 704-365-6000
Directions to Project:
Interstate 85 to Julian Road exit in southern Salisbury. Head east. Turn right on Summit Park Drive. Turn left onto Corporate
Center Drive. Parcel is on the south side of road.
Type of Project: State Stormwater - General Permit
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 02/06/2019 Entry Time: 02:OOPM
Primary Inspector: Angela Y Lee
Secondary Inspector(s):
James D Moore
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Exit Time: 02:20PM
Phone: 704-235-2139
Inspection Type: Compliance Evaluation
page: 1
Permit: SW3141103 Owner - Project: Tkc Cxxii LLC
Inspection Date: 02/06/2019 Inspection Type Compliance Evaluation Reason for visit: Routine
Inspection Summary:
Based on this inspection and the lack of maintenance, a NOV is recommended.
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑
Comment: Please provide a copy of the recorded deed restrictions and the Designer's certification.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑
Are the inlets located per the approved plans? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans? E ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ E 1111
DWQ upon request?
Comment: 2 of the 3 BMPs are not functioning Please perform maintenance per the signed 0&M agreement.
page: 2