20081121 Ver 1_Notice of Violation_20090626

OS-112.1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 26, 2009
CERTIFIED MAIL: 7008 3230 0000 9861 6269
RETURN RECEIPT REQUESTED
Mr. Reece Diamond
Diamond W Builders LLC
9814 US Hwy 311
Archdale, NC 27263
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
Failure to Obtain coverage under a 401 General Certification
Diamonds Keep Subdivision
Randolph County
Dear Mr. Diamond:
On February 8, 2008 the Division issued a Notice of Violation and Recommendation for Enforcement regarding
the wetland violations at this location. On July 17, 2008 the Division was in receipt of a permit application for
impacts to the wetlands and other jurisdictional areas within the subject project. On June 26, 2009 the Division
returned your application as incomplete.
Failure to obtain proper permitting prior to impacting a wetland constitutes a violation of State
Regulations. 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 both this office at the letterhead address and
to the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, attention
John Hennessy, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should include the
following:
L A detailed proposal to restore all jurisdictional areas to their natural functions and a proposal that
documents future protection of all jurisdictional areas from the proposed development plans for this
property.
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/continued
violations that may be encountered. Your above-mentioned response to this correspondence will be considered
in this process. This office requires that the violations, as detailed above, be abated immediately. These
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
Reece Diamond
Page 2 of 2
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 Sue Homewood at or myself at 336-771-
5000.
Sincerely,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: John Thomas, USACE, Raleigh Regulatory Field Office (via email)
Mack Summey, Summey Engineering Assoc. (via email)
DWQ NPS Compliance and Assistance Oversight Unit (NOV-2008-OP-0008)
DWQ WSRO 401 files
DWQ 401/Wetlands Unit (DWQ#08-1121)