HomeMy WebLinkAboutBLDC-11-10-12568 NCDENR Notice.tif NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 25, 2011 D L� E
CERTIFIED MAIL #7003 2260 0005 5382 8762 JUL 2 9 2011
RETURN RECEIPT REQUESTED
Mr. Glenn Barger BUILDING SERVICES
Catawba County Board of Education
PO Box 101
Newton, NC 28658
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
NOV- 2011 -CV -0006
Catawba County Board of Education
Failure to Obtain State Stormwater Permit
Webb Murray Elementary School
Catawba County
Dear Sirs:
On February 24, 2011, the Division of Water Quality (DWQ) Stormwater Permitting Unit
received an application for a State Stormwater Management permit for Post - Construction
stormwater at Webb Murray Elementary School. According to North Carolina General Statute
143 -214.7 and Session -Law 2006 -246, Senate Bill 1566, the subject site is required to obtain a
State Stormwater Management permit for post - construction stormwater. This permit is to be
secured prior to installation or construction of impervious surfaces on the site. The
application was returned by DWQ to the representing consultant Miles A. Wright, PE on March
8, 2011 because the site was determined to not meet all the low density requirements. To date,
the application has not been resubmitted. Miles A. Wright, PE did submit a letter on June 14,
2011 stating their position on why they felt the project should be permitted as low density as it
was submitted. On July 13, 2011, DWQ Central Office Staff, Mike Randall and Brian Lowther,
conducted a follow -up site visit of the Webb Murray Elementary School and observed that the
building and parking lot were already under construction. DWQ file review revealed that a State
Stormwater Management permit for Post - Construction stormwater has not been issued for the
site.
As a result of the site inspection and a file review, the following violations are noted: Failure to
Obtain State Stormwater Permit according to Session -Law 2006 -246, Senate Bill 1566.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, NC 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 919 - 807 -63001 FAX: 919 -807 -64921 Customer Service: 1- 877 -623 -6748 NorthCarohna
Internet: www.ncwaierqualiry.org y �� l //�
An Equal Opportunity 1 Affirmative Action Employer Na��
Page 2 of 2
Web Murray Elementary School
Catawba County
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Explain when the construction started and why proper permits were not obtained prior to
installation or construction of impervious surfaces on the site.
2. Submit a complete permit application with a completed supplement form, a signed O &M
agreement, sealed calculations, two sets of detailed plans, and other supporting
information along with the processing fee currently set at $505. See the Permit
Application form that can be obtain at
http: / /i)ortal.ncdenr.org /web /wq /ws /su/statesw /forms does Please note that a Designer's
Certification is also required upon project completion.
By copy of this letter to the Catawba County Building Inspection Office, NCDENR is requesting
that the Building Inspector withhold building permits and Certificates of Occupancy for this
project until this matter is satisfactorily resolved.
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. This office requires
that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and/or failure to secure proper authorizations have been documented on
the subject tract as stated above. Your efforts to undertake activities to bring the subject site
back into compliance is not an admission, rather it is an action that must be taken in order to
begin to solve ongoing environmental issues.
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 civil
penalty assessment process that may occur. Should you have any questions regarding these
matters, please contact Brian Lowther at (919) 807 -6368 or myself at (919) 807 -6378.
Sincerely,
Bradley hennett, Supervisor
Stormwater Permitting Unit
cc: SPU Files
Rob Krebs — MRO SWP Supervisor
Karen Higgins — WBS Compliance & Permits Unit Supervisor, Archdale Building
Division of Land Resources - WSR9 Nea
Mr. Miles A. Wright, PE — Wright & Associates
Catwaba County Building Inspector
Catwaba County Planning Department