20071751 Ver 1_Notice of Violation_20100212

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Secretary
February 12, 2010
CERTIFIED MAIL #7009 0080 0000 9789 7848
RETURN RECEIPT REQUESTED
City of Raleigh
Attn: John Carman
PO Box 590
Raleigh, NC 27602
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0153
DWQ #07-1751
Town of Zebulon Reclaimed Water Line Extension Project: Phase H
Construction Stormwater General Permit NCGO 10000 Violations
401 Water Quality Certification Violations
35.8239°N 78.3145°W
Wake County
Dear Mr. Carman:
On February 3, 2010, Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ)
conducted a site inspection for the tract/project known as the Town of Zebulon Reclaimed Water Line Extension
Project: Phase Il, beginning approximately 700 feet west of the intersection of Old US Hwy 264 and NC Hwy 39
in Zebulon, in Wake County, North Carolina. The stream on the site is an unnamed tributary to Little Creek,
Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and inspection.
A stormwater general permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan.
This permit applies to projects that receive a Division of Land Resources (DLR) Erosion and Sedimentation Control Plan
for land disturbance of 1 acre or greater. Specifically, the general permit (NCGO10000) authorizes the discharge of
stormwater under the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina
Administrative Code 2H.0100. An Approval Letter for the Subject property was issued by DLR on December 13, 2007.
Mr. Thomas Colson of Froehling & Robertson (F&R) submitted a Pre-Construction Notification (PCN) on or about
October 16, 2007 on behalf of the property owner, the City of Raleigh in care of McKim & Creed (George Galambos).
The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 12 and the corresponding General
Water Quality Certification. DWQ issued an approval for the impacts on November 5, 2007, DWQ Project# 07-1751.
The approved impacts include the placement of fill within or otherwise impact 0.069 acres of 404/wetland (temporary), 60
linear feet of perennial stream, 5,383 square feet of Zone 1 Neuse River basin protected riparian buffer and 3,701 square
feet of Zone 2 Neuse River basin protected riparian buffer to install a reclaimed water line.
DWQ received a copy of the January 21, 2010 Notice of Violations of the Sedimentation Pollution Control Act from the
DLR Land Quality Section that cited the following violations at the Town of Zebulon Reclaimed Water Line Extension
Project: Phase II: Failure to conduct a land-disturbing activity in accordance with the provisions of an approved erosion
and sedimentation control plan; Failure on a tract of more than one acre, when more than one acre is v red . to install
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North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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Reclaimed Water Line Extension
February 12, 2010
Page 2
sedimentation and erosion control devices sufficient to retain the sediment generated by the land-disturbing activity within
the boundaries of the tract during construction upon and development of the tract; Failure to take all reasonable measures
to protect all public and private property from damage by such land-disturbing activity; Failure to retain, along a lake or
natural watercourse, a buffer zone of sufficient width to confine visible siltation by natural or artificial means within the
25 percent of that portion of the buffer zone nearest the land-disturbing activity; and Failure to maintain satisfactorily all
temporary and permanent erosion and sedimentation control measures and facilities during the development of a site.
DWQ observations during the site inspection showed that at Stream Impact K (refer to PCN page 5 of 9), riprap and small
stone has been placed in the perennial stream for approximately 40 linear feet. DWQ approved a 20 linear foot temporary
crossing at Stream Impact K. At Stream Impact N, riprap and small stone has been placed in the perennial stream for
approximately 75 linear feet. DWQ approved a 40 linear foot temporary crossing at Stream Impact N. At Wetland
Impact L, riprap and small stone has been placed in the wetland for an area of approximately 480 (.011 acres) square feet.
DWQ approved a temporary impact of 0.045 acres at Wetland Impact L.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Construction Stormwater General Permit (NCGO10000) Conditions
Part H, Section B. No. 12
Projects and their corresponding activities permitted under the previous version of the NC general permit for construction
activities are covered under this general permit. The requirements for these projects are the same as those previously
required in the general permit until the project is completed or terminated.
Part I, Section A. No. 2
The permittee shall implement the plan, which has been approved by the approval authority.
Part I, Section C. No. 2
During construction and until the completion of construction or development and the establishment of a permanent ground
cover, the permittee shall provide the operation and maintenance necessary to operate the stormwater control measures
and all erosion and sedimentation control measures at optimum efficiency.
Item II. 401 WOC Condition Violations
The approval of the 401 Water Quality Certification and Authorization Certificate per the Neuse Buffer Protection Rules
with Additional Conditions letter specifies that the activities must follow the conditions listed in the General Water
Quality Certification, as well as additional conditions listed in the letter.
General Water Quality Certification #07-1751, Additional Condition 1 states the following:
"Impacts Approved. The following impacts are hereby approved as long as all of the other specific and general conditions
of the Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:"
Type of Impact Amount Approved (Units) Plan Location or Reference
404/Wetland L 0.045 (acres) - temporary PCN page 4 of 9
404/Wetland M 0.024 (acres) - temporary PCN page 4 of 9
Stream K- perennial 20 (linear feet) PCN age 5 of 9
Stream N - perennial 40 (linear feet) PCN pa e 5 of 9
Buffer - Zone 1 5,383 (square ft.) PCN a e 8 of 9
Buffer - Zone 2 3,701 (square ft.) PCN page 8 of 9

Reclaimed Water Line Extension
February 12, 2010
Page 3
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of receipt.
1. Explain in your response when you anticipate being in full compliance with your Erosion and Sedimentation
Control Plan.
Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features
(e.g. streams, wetlands and buffers) on the site. This documentation should describe and quantify the impacts to
those jurisdictional features and should include plans to avoid further stream, buffer and wetland impacts on the
site.
Stream and Wetland Restoration Plan - Please explain how you plan to restore the pattern, profile and dimension
of the impacted stream channels. The streambed must be restored to the original profile, the stream banks must be
stabilized and any fill material must be removed from the stream channel. The wetland must be regarded to the
original grade and will require an herbaceous wetland seed mix for the wetland area that was disturbed. Impacts
identified by DWQ (as described above) and any additional jurisdictional impacts (e.g., sediment in the stream)
documented by the Permittee must be addressed in this Plan. This Plan should include a three-year monitoring
plan to ensure that the wetlands and streams are restored.
4. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of
Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits
USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required.
5. Please indicate in your response a detailed schedule with dates explaining when the restoration will be
accomplished, and if you plan to seek a permit for the permittable impacts, include a date of when an application
will be submitted. This schedule should include a three-year monitoring plan to ensure that the wetlands and
streams are restored.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as described above, be properly
resolved. These 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, contact Nat Ye Landry at [phone].
)ince ely,
Danny Sm'
Regiona upervisor
Surface ater Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO-Land Quality (Joe Dupree)
John Hennessy, NPS Assistance and Compliance Oversight Unit
I McMi#an, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
USACE Raleigh Regulatory Field Office
Jason Savage, McKim & Creed, Venture IV Bldg, Ste. 500, 1730 Varsity Dr., Raleigh, NC 27606
Thomas Colson, F&R, 310 Hubert St, Raleigh, NC 27603