20061144 Ver 1_Notice of Violation_20100219

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 16, 2010 D P= ? ? ? ti! 10,
CERTIFIED MAIL #7009 0080 0000 9789 7855
RETURN RECEIPT REQUESTED FEB 1 t0 2010
City of Raleigh DENR.WATER QUAUTY
Attn: John Carman WERANDSAMSTORMWATERBRANCH
PO Box 590
Raleigh, NC 27602
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-PC-0192
DWQ #06-1144
D.E. Benton Water Treatment Plant, Lake Benson and
Lake Wheeler Dam Upgrades and Finished Water
Transmission Main
Construction Stormwater General Permit NCGO 10000
401 Water Quality Certification Violations
35.6740° N 78.6136°W
Wake County
Dear Mr. Carman:
On February 4, 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 D.E. Benton Water
Treatment Plant, at the intersection of Buffalo Road and Hwy 50 in Garner, Wake County, North
Carolina. The stream on the site is an unnamed tributary to Swift Creek, Class C, Nutrient
Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and site inspection.
A stormwater general permit (NCGO 10000) 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 Approval Letter 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 March 3, 2005.
A rain gauge was on site at the time of the inspection. Rainfall data records and erosion control BMP and
stormwater discharge outfall monitoring records were available at the time of the inspection from April
16, 2007 through to the present.
None hCarolina
Naturally
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]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Dempsey Benton Water Treatment Plant
February 16, 2010
Page 2
Ms. Linda Diebolt of ARCADIS submitted a Pre-Construction Notification (PCN) on or about July 13,
2006 on behalf of the owner/applicant, the City of Raleigh. The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permits 12 and 39 and the corresponding General Water Quality
Certification. DWQ issued an approval for the impacts on November 15, 2006, DWQ Project# 06-1144.
The approved impacts just at the D.E. Benton Water Treatment Plant site include the placement of fill
within or otherwise impact 0.26 acres of permanent grading/filling of forested non-riverine wetlands to
construct the water treatment plant.
DWQ received a copy of the February 2, 2010 Notice of Violations of the Sedimentation Pollution
Control Act from the DLR Land Quality Section that cited the following violations at the Dempsey
Benton Water Treatment Plant: 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 uncovered, to install 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 install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provisions of the Act, and rules adopted
thereunder, during or after the development of a site.
DWQ observations during the site inspection showed
sediment deposition in approximately 150 linear feet of
stream, depths ranging from eight to 10 inches,
resulting from construction activity (Photo 1).
DWQ observations also showed sediment deposition in
approximately 21,250 square feet of wetland
(approximately west of the sanitary sewer easement)
with depths ranging from two to 24 inches, resulting
from construction activity (Photo 2). DWQ could not
readily access and measure the entire extent of the
impact (east of the sanitary sewer easement) due to the
recent sanitary sewer overflow from a nearby manhole.
Photo 1: Sediment deposition in
stream, ranging from approximately 8-
10 inches in depth.
Photo 2: Sediment deposition in
wetland, ranging from approximately
2-24 inches in depth.
Dempsey Benton Water Treatment Plant
February 16, 2010
Page 3
DWQ also observed a loss of sediment outside the
limits of disturbance in northeastern corner of the
property near Mahler Creek (Photo 3). An area of
approximately 1500 square feet was impacted by
sediment deposition beyond the limits of disturbance.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Construction Stormwater General Permit (NCG010000) Conditions
Part II, 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 #06-1144, 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/CAMA Forested Non- 0.26 (acres) PCN page 12 of 20
Riverine Wetlands
(permanent grading/filling
Other impacts not shown for Lake Benson and Lake Wheeler Dam Upgrades and Finished
Water Transmission Main
Photo 3: Sediment deposition outside
limits of disturbance.
Dempsey Benton Water Treatment Plant
February 16, 2010
Page 4
General Water Quality Certification #06-1144, Additional Condition 2 states the following:
"Erosion & Sediment Control Practices. 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 Planning and Design 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.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual."
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.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams and wetlands) on the site. This documentation should describe and
quantify the impacts to those jurisdictional features and should include plans to avoid further
stream and wetland impacts on the site.
3. Stream and Wetland Restoration Plan (sediment removal) - Sediment impacts to the streams and
wetlands onsite and downstream of the site must be removed. As a part of this plan, you should
provide the amount (depth) of material that has been deposited in the stream and wetlands. This
information should be depicted on a map you provide. It is recommended that you use hand labor
(buckets, shovels and wheelbarrows) to remove deposited sediment from the stream channel and
wetland. The sediment should be removed from the channel and wetland, taken to high ground
away from the stream channel and wetland and stabilized. Also, the plan must address the
measures that will be used for temporary stabilization/sediment control while this work is under
way. An herbaceous wetland seed mix should be distributed over the wetland area that was
disturbed. Impacts identified by DWQ (as described above) and any additional jurisdictional
impacts 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. Remove sediment from outside the limits of disturbance and stabilize the impacted soil with
ground cover.
5. Please indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished. This schedule should include a three-year monitoring plan to ensure that
the wetlands and streams are restored.
Dempsey Benton Water Treatment Plant
February 16, 2010
Page 5
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 Natalie Landry at (919) 7914200.
Oerely.,
Danny Smi
Regional S pervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO-Land Quality (Joe Dupree)
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
USACE Raleigh Regulatory Field Office
Will Harden, ARACDIS, 801 Corporate Center Dr., Ste. 300, Raleigh, NC 27607-5073
Perry Allen, City of Raleigh, PO Box 590, Raleigh, NC 27602