NOTICE OF VIOLATION
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Via Certified Mail #: |
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Via Certified Mail #: |
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To |
Pulte
Homes of Indiana, LLC |
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CT
Corporation System |
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Registered
Agent for Pulte Homes |
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3241
Bath Pike |
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Via Certified Mail #: |
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Via Certified Mail #: |
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To |
Northside Investments, LLC dba |
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Platinum
Properties, LLC |
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Platinum
Properties, LLC |
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Registered
Agent for Northside Investments |
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9951
Delegates Row |
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9551
Delegates Row |
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Case Nos.: 2005-14611-W and 2005-14703-W
Based on an investigation, the Indiana Department of
Environmental Management (“IDEM”) has reason to believe that Pulte Homes of
Indiana, LLC (Respondent 1, Case No. 2005-14611-W), and Northside
Investments, LLC, dba Platinum Properties, LLC (
Respondent 2, Case No. 2005-14703-W), have violated environmental rules. The violations are based on the following:
1.
Respondent 1 is the home builder in Long Branch Estates,
Section 3, a residential subdivision located at
2.
Respondent 2 owns, operates and/or develops Long Branch
Estates, Section 3, a residential subdivision located at
3.
All references in this Notice of Violation to 327
4.
Pursuant to 327 IAC
5.
Pursuant to 327
IAC
a.
Sediment-laden water shall be detained on-site by erosion
control practices that minimize sedimentation in the receiving stream.
b.
Sediment tracked from the site onto public or private
roadways shall be minimized.
c.
Public and private roadways shall be kept clear of
accumulated sediment.
d.
All on-site storm drains shall be protected against
sedimentation by appropriate and acceptable methods.
e.
Storm water drainage from adjacent areas that naturally pass
through the site shall either be diverted from disturbed areas or the existing
channel must be protected or improved to prevent erosion and sedimentation from
occurring.
f.
Run-off from a disturbed area shall be controlled by either
appropriate vegetative practices, the implementation
of an erosion control plan that includes appropriate erosion control measures,
or both.
6.
Pursuant to 327 IAC 15-5-7(c), during the period of
construction at the site, all erosion control measures necessary to meet the
requirements of this rule shall be maintained by the operator.
7.
Based on site visits and inspections conducted by Division
of Soil Conservation representatives and/or the Hamilton County SWCD on August
26, 2003, November 13, 2003, March 23, 2004, April 26, 2004, and June 16, 2004,
the Respondents failed to assure that erosion control measures were implemented
and maintained at the Site and assure that off-site sedimentation did not occur
during the period of construction activity from August 26, 2003 to June, 16,
2004. Specifically, it was observed that
disturbed areas had not been adequately protected through seeding or other
appropriate erosion and sediment control measures in accordance with the ESCP,
failure to minimize sedimentation to a receiving stream, stormwater
runoff from the site was causing erosion at point of discharge, soil material
was tracked onto public/private roadways, sediment had been deposited onto
public/private roadways, inadequate inlet protection, runoff from disturbed
areas had not been controlled by appropriate erosion control measures, erosion
and sediment control measures had not been adequately maintained, and the site
conditions presented a high potential for off-site sedimentation, in violation
of 327 IAC 15-5-7(b) and (c).
In accordance with IC 13-30-3-3, the Commissioner
herein provides notice that
violations may exist and offers an opportunity to enter into an
Agreed Order providing for the action required to correct the violations and
for the payment of a civil penalty. The
Commissioner is not required to extend this offer for more than 60 days.
As provided in IC 13-30-3-3, an alleged violator may enter into an
Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order,
thereby resulting in quicker correction of the environmental violations and
avoidance of extensive litigation.
Timely settlement by Agreed Order may result in a reduced civil
penalty. Also, settlement discussions
will allow the opportunity to present any mitigating factors that may be
relevant to the violations.
If an Agreed Order is not entered into within 60 days of receipt of this
Notice of Violation, the Commissioner may issue a Notice and Order under IC
13-30-3-4 containing the actions that must be taken to correct the violations
and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner
may assess penalties of up to $25,000 per day for each violation.
Please contact Paul Cluxton
at 317/232-8432 within 15 days after receipt of this Notice to discuss
resolution of this matter.
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For the Commissioner: |
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Date:______________ |
(signed |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance & Enforcement |
Enclosure
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cc: |
Doug Elmore, Project
Manager, Platinum Properties |
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Tim Helms, Project
Manager, Pulte Homes |
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John South, Hamilton
County Soil and Water Conservation District
(w/o enclosure) |
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Doug Wolf, Division of
Soil Conservation |
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http://www.state.in.us/idem
(w/o enclosure) |