19980706 Ver 1_COMPLETE FILE_19960903

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFED MAIL
RETURN RECEIPT REQUESTED
Mr. R.D. Davis
323 North Indian Trail Road
Indian Trail, N.C. 28079
1 0 •
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 17, 1998
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SUBJECT: NOTICE OF VIOLATION
Unauthorized Installation of Utility Line
Union County
Dear Mr. Davis:
On August 4, 1998 Mr. Samar Bou-Ghazale conducted a site visit to the
Weddington High School site near NC 84 and Deal Road. As a result of this
investigation, Mr. Bou-Ghazale noted that approximately 400' of sewer line had been
constructed through a wetland without prior NCDWQ authorization. Additionally, in a
subsequent phone conversation you noted to Mr. Bou-Ghazale that the line had been
installed in the wetland without the required anti-seep collars (Condition # 13 of NW 12)
and that the required 10' undisturbed buffer (as measured from the edge of the
construction corridor to the stream-Condition #2 of NW 12) had also been impacted.
As is required in NW12, if any conditions of the permit cannot be met then
written concurrence (and prior notification) from the North Carolina Division Water
Quality (NCDWQ) is required. Mr. Bou-Ghazale informed this office (On August 10,
1998) that you plan to submit an application for a 401 Water Quality Certification
showing anti-seep collar details and a re-vegetation plan for the disturbed buffer area.
Until this plan is reviewed and approved you will be in violation of 15A NCAC 2H.0500
which may result in an enforcement action being pursued against you by NCDWQ.
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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Mr. R.D. Davis
Notice of Violation
Page 2
Please respond to this Notice within 14 days upon your receipt. Your response
may assume the form of a 401 Water Quality Certification Application (enclosed) and
should specifically depict detail in regards to the anti-seep collars and the re-vegetation
plan for the 10' buffer.
If you should have any questions regarding` this matter please feel free to call Mr.
Eric Fleek or myself at [phone].
S
Jo n Dorney
W ter Quality Certi ' tion Program
Cc: Samar Bou-Ghazale, NCDWQ-Mooresville Regional Office
Steve Chapin, USACOE Asheville Field Office
Kathy Matthews, USEPA