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HomeMy WebLinkAboutSW3141103_Ltr re Compliance Rpt_20190220Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY February 20, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED TKC CXXII, LLC Altenlion: Mr. Alan Lewis 4500 Cameron Valley hailcway Charlotte, North Carolina 28211 Subject: NOTICE OF VIOLATION Project Marley SW3141103 1010 Corporate Center Drive Salisbury, North Carolina Rowan County Dear Mr. Lewis: 70161370 0000 2595 9140 ROY COOPER Go vernot MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director RF)F-'`."F"' FEB 26 201J DENR4 AND Qi.l!.l..i T'� S T OI2[l WAi'Eti P Nrv9i i i iNG 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. 143-21'5.6A, these violations and any future violations are .subject to a civil ponalty 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 civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Angela Lee at (704) 235-2139. Sincerely, Zahid S. Khan, CPM, CPESC, CPSWQ Regional Engineer Land Quality Section Attached: Inspection Report cc: Central Office Stormwater Permitting Program State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Mooresville Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 28115 704 663 1699 T Compliance Inspection Report Permit: SW3141103 Effective:12/06114 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 0 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: Tke 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? N ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ N ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ 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. 5W Measures Yes Na NA NE Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment. Yes No NA NE n nd Mamte_n_ance 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 ❑ ®❑ ❑ DWQ upon request? Comment: 2 of the 3 BMPs are not functioning. Please perform maintenance perthe signed 0&M agreement. page: 2