3/29/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $374.00.
ALLEGATIONS:
AT TIMES RELEVANT TO THIS ACTION, THE NCDENR DIVISION OF LAND RESOURCES, LAND QUALITY SECTION, OR AN APPROVED LOCAL PROGRAM, IN THIS CASE CABARRUS COUNTY, WAS RESPONSIBLE FOR THE ENFORCEMENT OF NORTH CAROLINA GENERAL STATUS 113A-54.1, TEH RULES ADOPTED BY THE NC SEDIMENTATION CONTROL COMMISSION, AND APPROVAL OF COVERAGE UNDER THE NCDENR PERMIT UPON SUBMISSION AND APPROVAL OF AN EROSION AND SEDIMENT CONTROL PLAN.
ON SEPT 19, 2002, RESPONDENT SUBMITTED A PLAN FOR THE DEVELOPMENT TO CABARRUS COUNTY. CABARRUS SUBMITTED A PLAN FOR THE DEVELOPMENT TO CABARRUS COUNTY. CABARRUS COUNTY APPROVED THE PLAN ON SEPT 20, 2002.
PART I.A.2 OF THE PERMIT REQUIRED THE RESPONDENT TO IMPLEMENT THE PLAN AS APPROVED. DEVIATION FROM THE APPROVED PLAN SHALL CONSTITUTE A VIOLATION OF THE TERMS AND CONDITIONS OF THE PERMIT.
PART I.B.1. OF THE PERMIT REQUIRED THE RESPONDENT TO MAINTAIN A RAIN GAUGE AT THE DEVELOPMENT, AND TO KEEP RECORDS OF RAINFALL AMOUNTS AND DATES.
PART I.B.2 OF THE PERMIT REQUIRED THE RESPONDENTS TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONGTROL THE DISCHARGE OF SEDIMENTS IF ANY VISIBLE SEDIMENTATION LEAVES THE DISTURBED LIMITES OF THE DEVELOPMENT.
PART I.B.3 OF THE PERMIT REQUIRED THE RESPONDENT TO KEEP A RECORD OF INSPECTIONS, TO BE MADE UPON REQUEST. SUCH RECORD SHALL INCLUDE VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE DEVELOPMENT, AN EXPLANATION OF MEASURES TAKEN