20071176 Ver 1_Notice of Violation_20080729

?F W AT?R Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
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North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
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Division of Water Quality
OCT G 0'1 - r r -7 to
epoX Sat I D 1
July 29, 2008
CERTIFIED MAIL #7007-0220-0000-8225-1950
RETURN RECEIPT REQUESTED
Shivam Development Co., LLC
Mayank Patidar
704 Alleghany Avenue
Towson MD 21204
CERTIFIED MAIL #7007-0220-0000-8225-1943
RETURN RECEIPT REQUESTED
Shivam Development Co., LLC
300A Western Boulevard
Jacksonville NC 28546
Subject: Meadow Oaks Subdivision
NOTICE OF VIOLATION
NOV-2008-PC-0342
Compliance Evaluation Inspection
Construction Stormwater Permit - NCGO10000 & 401 Water
Quality Certification
NCR000908 & 2007-1176
Onslow County
Dear Mr. Patidar:
On May 1, 2008, Mr. Chad Coburn and Ms. Jean Conway from the Wilmington Regional Office
of the Division of Water Quality conducted a site inspection for the tract/project known as Meadow Oaks
Subdivision, located off of Bannerman Mill Road, Onslow County, North Carolina. The site visit and file
review revealed that the subject project has an approved Erosion and Sedimentation Control Plan and is
covered by Stormwater General Permit NCGO10000.
A Construction Stormwater General Permit (NCGO10000) is issued upon the approval of an
Erosion and Sedimentation Control Plan. This pemut applies to projects that receive a Division of Land
Resources (DLR) (or local delegated program) 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 (NPDES) in accordance with Title
15A North Carolina Administrative Code 21-1.0100.
In addition, this project was also inspected for compliance with the 401 Water Quality
Certification with Additional Conditions covered by certification number 3631 and granted on August 23,
2007, for the construction of a residential subdivision known as Meadow Oaks Subdivision. The WQC
approved the impact of 0.037 acres of 404 wetlands to complete your project as described within your
March 19, 2007 application.
The following violations and observations were noted during the Division of Water Quality
inspection:
1) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was not on site and
available for review.
2) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on site at the time of inspection.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper NorthCarc
MOM
Meadow Oaks Subdivision
Onslow County
2007-1176
3) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review. *Project personnel not
available during DWQ site inspection.
4) Minimum Monitoring and Record Keeping (Part I. Section B No 3)
Inspection records of erosion & sedimentation control measures and stormwater discharges, collected
weekly and after every half-inch or greater rain event, were not on site and available for review. *Project
personnel not available during DWQ site inspection.
5) Maintenance of Erosion Control Measures (Part I Section C: No 2.)
According to the Sedimentation Inspection Report from the N.C. Division of Land Resources dated January
15, 2008, the project was cited for failing to maintain the erosion control measures.
6) Following the Approved Plan (Part I Section A• No 2.)
According to the Sedimentation Inspection Report from the N.C. Division of Land Resources dated January
15, 2008, the project was cited for failing to follow the approved plan.
7) 401 Water Quality Certification
A 401 Water Quality Certification with Additional Conditions covered by certification number 3631 and
granted on August 23, 2007.
• Condition 2 of the certification requires that, "Erosion and sediment control practices must be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project."
Condition 3 of the certification requires that, "No waste, spoil, solids, or fill of any kind shall occur in
wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that no violations
of state water quality standards, statutes, or rules occur." Off site sedimentation into the adjacent
wetlands was observed during the inspection.
Condition 5 of the certification requires that, "Deed notifications or restrictive covenants (if required
by the Corps of Engineers) shall be placed on all retained jurisdictional wetlands, waters and protective
buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under
this Certification Approval and Authorization Certificate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text
of the sample deed notification may be modified as appropriate to suit to this project. Please provide
this Office with a copy of the deed notification or restrictive covenants after it has been recorded,
within ninety (90) days from the issuance of this permit)." The DWQ has not received a copy of
the deed restrictions for this project as of the date of this letter.
Meadow Oaks Subdivision
Onslow County
2007-1176
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. Your response should
include the following:
1. A statement documenting that the approved Erosion and Sediment Control Plan is on-site and
available for review and that a rain gauge has been properly installed as required by the permit.
2. Include all rain gauge data collected from the date of land disturbance up to the date of your
response. If you do not have data, explain why.
3. Provide all inspection records from the date of land disturbance up to the date of your response. If
you do not have records, explain why.
4. List and explain all actions you have taken or plan to take to achieve full compliance with the
approved Erosion & Sedimentation Control Plan, the Construction Stormwater general permit
NCG010000, and the 401 Water Quality Certification. Include a detailed implementation
schedule with a final date of compliance.
This office requires that the violations, as detailed above, be immediately and 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, please
contact Chad Coburn or Jean Conway at [phone].
Since
13ex-114-
Edward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Dan Sams - DLR, Wilmington Regional Office
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Brad Shaver - USACE Wilmington Field Office
Central Files
WiRO