20001195 Ver 10_Notice of Violation_20100901

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
September 1, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4510 2992
T. J. Orr, Aviation Director
Charlotte/Douglas Airport
P.O. Box 19066
Charlotte, NC 28219
Subject: Notice of Violation And
Recommendation for Enforcement
NOV-2009-CV-0011
Dee Freeman
Secretary
401 Water Quality Certification (DWQ # 00-1195)
NCAC 02H.0500, NCAC 2B.0211 (3) (f),
NCAC 2B.0211 (2), &
Construction Stormwater Permit (NCR001450)
CDIA Taxiway D
Mecklenburg County, NC
Dear Mr. Orr:
On August 26, 2010, Mr. Alan Johnson, of this Office, and your consultant and representative; Ms.
Andrea Cook, and Mr. Jimmy Jordan, respectively, met to discuss the proposed impacts for the subject site.
Prior to the meeting Mr. Johnson was informed that the impacts had already occurred. During the site visit it
was determined that in addition to the proposed impacts that had occurred there were additional stream and
wetland impacts. Also, it was discovered that you are in and violation of your NPDES Construction Storm
Water Permit.
This letter is being issued as a Notice of Violation and Notice of Recommendation for Enforcement for:
failure to obtain a 401 Water Quality Certification pursuant to 15A North Carolina Administrative Code
(NCAC) 02H .0500; for the removal of best usage of the waters (NCAC 02B .0211 (2)) of the state; for the
deposition of sediment in the stream and wetland (NCAC 02B .0211 (3) (f)); and for the failure to comply with
your State General Stormwater Permit NCGO10000 that was issued by the Division of Water Quality upon
approval of your Sediment and Erosion Control Plan by the Division of Land Resources (DLR).
Based on this office's site visit, the following violations were found:
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?aturall?
Internet: www.ncwaterguality.orq
An Equal Ooportunity/Affirmative Action Emolover - 50% Recvcled/10% Post Consumer Pinar
NCAC 02H.0500 - 401 Water Quality Certification
Stream and wetland impacts have occurred without authorization/issuance of a 401 Water Quality
Certification. There are approximately 200 linear feet (10 of unapproved stream impacts in addition to
an unknown area of loss of wetland. This includes approximately 100 if of stream impacts upstream and
downstream of the proposed (but not authorized) stream impact/culvert requested in the 401 certification
application.
NCAC 2B .0211 (2): Preclusion of Best Usame
The impacts to the streams, "ponds", and wetlands resulted in the loss of use for aquatic wildlife.
Specifically, 15A NCAC 2B .0211 (2) states that the preclusion of best usage, which includes
"...aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture ..." represents a water quality standard violation.
NCAC 2B .0211 (3)(f): Other Waste
Sediment deposition observed in the stream and wetland is not allowed. Deleterious substances and
other waste that have an adverse affect on aquatic life is a violation of this rule.
General Stormwater Permit NCGO10000 - Condition Violations
Part I, Section A, #2: The permittee shall implement the sediment and erosion control plan
that has been approved by the Division of Land Resources. Compliance with the approved
plan is considered a condition of this general permit. Any deviation from the approved plan
shall be considered a violation unless prior approval has been obtained from the approving
authority.
Failed to follow the approved plan (diversion ditch and silt fence installation were not to plan).
Part I, Section C: During construction and until the completion of the project and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
Sediment has left the construction zone.
This office requires that the violations, as detailed above, be abated immediately. If you have
an explanation for the noted violations that you wish to present (and actions taken to correct the
violations), please respond in writing within fifteen (15) days following the receipt of this notice.
Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his consideration.
Please note that these violations and any future violations are subject to civil penalty assessments of
up to $25,000.00 per day for each violation.
In addition to your written response, you are required to comply and address the following items:
has been issued, a storm water management plan has been approved, a restoration plan
submitted, and all sediment and erosion control measures are installed per plan.
¦ Within 30 days of receipt of this notice a modified application and appropriate fee shall be
submitted for any impacts that you wish to make permanent (stream/wetland).
¦ Within 30 days of receipt of this notice submit a plan describing the action taken to restore the
stream channel from the outfall of the new culvert to the impacted wetland (restoration plan).
¦ Within 30 days of receipt of this notice submit a corrected site plan. During the inspection there
was discrepancy as to the "location" of the stream and fill areas. Annotate the correct locations
of the stream/wetland and fill areas.
¦ Within 30 days of receipt of this notice please submit an overall site plan of the total impacts at
the site that are related to the airport project. This includes the connector road, CDIA taxiway D;
airport road culvert replacement, parking deck, and any other current and soon proposed projects
that required 404/401 approval.
¦ The ditch/berm must be immediately pulled away from the stream channel and silt fence
properly installed. The stream shall not be diverted toward the sediment basin. In stream
sediment basins are not allowed.
¦ The sediment in the stream and wetlands must be removed immediately. Within 30 days of
receipt of this notice submit a plan of action for the clean up of the impacted areas.
It is strongly recommended that a person with experience in such matters be consulted. Thank you for
your prompt attention to this matter. If you have any questions, please do not hesitate to contact Mr. Johnson at
[phone].
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: US Army Corps of Engineers
Ian McMillan - Wetlands
John Hennessey - Compliance/Enforcement
Land Quality- MRO