20070503 Ver 2_Notice of Violation_20081017

OaO? W A T NPG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 17, 2008
CERTIFIED MAIL #7006 2150 0000 3312 8284
RETURN RECEIPT REQUESTED
Wake County Public School System
Planning and Construction Department
Attn: Timothy Driscoll
1551 Rock Quarry Road
Raleigh, NC 27610
O
CERTIFIED MAIL #7006 2150 0000 3312 8291
RETURN RECEIPT REQUESTED
Wake County Public School System
Attn: Michael H. Burris
1551 Rock Quarry Road
Raleigh, NC 27610
Subject: NOTICE VIOLATION
NOV-2008-PC-0732
E-22 Mills Park Elementary School
PIN #0735002296
DWQ Project# 07-0503 v.2
35.81283° N, - 78.90068° W
Wake County
- NCG010000 Condition Violation
- 401 Water Quality Certification Condition Violation
- Other waste Violation (Sediment in Stream)
Dear Sir:
On October 6, 2008, N.C. Division of Water Quality (DWQ) personnel, Natalie Landry, from the
DWQ Raleigh Regional Office conducted a site inspection for the E-22 Mills Park Elementary
School located east of the intersection of Green Level Church Road and Courtland View Lane in
Cary, Wake County, North Carolina. The streams on the site are unnamed tributaries (UT) to the
Panther Creek, Class WS-IV NSW waters, in the Cape Fear River Basin.
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 (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 in
accordance with Title 15A North Carolina Administrative Code 2H.0100.
Accordingly, the site inspection and file review also revealed that:
• The subject project has an approved Erosion and Sedimentation Control Plan and is
covered by a stormwater general permit (NCGO10000);
• A copy of the approved Erosion and Sedimentation Control Plan was observed on the
site; and
• A rain gauge was not found on the subject site.
The Division of Land Resources (DLR) issued a Notice of Violation of the Sedimentation NonehCarolina
Pollution Control Act for the subject project, dated September 18, 2008, for Failure to Conduct atuCally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state. nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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E-22 Mills Park Elementary School
October 17, 2008
Land-Disturbing Activity in Accordance with the Approved Erosion and Sedimentation Control
Plan, Failure to Install Sedimentation and Erosion Control Devices Sufficient to Retain the
Sediment, Failure to take all Reasonable Measure to Protect all Public and Private Property, and
Failure to Install and Maintain all Temporary and Permanent Erosion and Sedimentation Control
Measures.
On May 30, 2007, Froehling & Robertson, Inc. submitted a Pre-Construction Notification (PCN)
to the DWQ on behalf of Wake County Public School System. The impacts were requested under
U.S. Army Corps of Engineers Nationwide Permit 39 and the corresponding General Water
Quality Certification 3631. On May 31, 2007, DWQ issued an approval (DWQ# 07-0503 v.2)
that authorized impacts to 0.491 acre of 404 wetlands and 259 linear feet of perennial stream
channel.
Accordingly, the site inspection and file review also revealed:
• Sediment deposition below a sand filter and level spreader impacting approximately 300
LF of intermittent stream channel at a depth ranging from approximately 2-9 inches;
• A temporary dike impacting approximately 9 LF intermittent stream channel upstream of
impacts A and D. Sediment has deposited behind this dike impacting approximately 40
LF of intermittent stream channel;
• The placement of rip rap and filter cloth has impacted approximately 30 LF of stream
channel downstream of impacts A and D. This stream has a temporary road crossing that
was not approved in the 401 WQC as evidenced by tire tracks in the stream channel;
• A temporary dike impacting approximately 16.5 LF of intermittent stream channel and
silt fence remaining in this stream upstream of impacts 1 and 2. Sediment has deposited
behind the dike and silt fence;
• The dissipater pad downstream of impact 2 is the correct dimensions. However,
sediment has deposited on the rip rap and the outlet to the stream identified in the field is
different than what was approved in the 401 WQC according to the plan submitted with
the PCN.
As a result of the site inspection and file review, the following violations are detailed below:
Item I. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project # 07-0503, v. 2 approval 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.
Condition 3 of the 401 WQC states that "no waste, spoil, solids, or fill of any kind shall occur in
wetlands, water, or riparian areas beyond the footprint of the impacts depicted in the Pre-
Construction Notification."
Item II. Other Waste (in-stream sediment)
The documented in-stream sediment deposition is in violation of 15A NCAC 02B .0211 (3)f
which reads as follows:
Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely
affect the palatability of fish, aesthetic quality or impair the waters for any designated uses.
Item III. NCGO10000 Condition Violations (see Addendum)
Part I, Section B. No. 1 Minimum Monitoring and Reporting Requirements
All erosion and sedimentation control facilities shall be inspected by or under the direction of the
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E-22 Mills Park Elementary School
October 17, 2008
permittee at least once every seven calendar days (at least twice every seven days for those
facilities discharging to waters of the State listed on the latest EPA approved 303(d) list for
construction related indictors of impairment such as turbidity or sedimentation) and within 24
hours after any storm event of greater than 0.5 inches of rain per 24 hour period. A rain gauge
shall be maintained on the site and a record of the rainfall amounts and dates shall be kept by the
permittee.
Part I. Section A. No. 2. Final Limitations and Controls for Stormwater Discharges
The permittee shall implement the plan, which has been approved by the approval authority. The
approved plan is considered a requirement or condition of this general permit. Deviation from the
approved plan, or approved amendment to the plan, shall constitute a violation of the terms and
conditions of this general permit except that deviation from the approved plan will be allowed (1)
to correct an emergency situation where sediments are being discharged off site or (2) when
minor modifications have been made for the purpose of improving the performance of the erosion
and sedimentation control measures and notification of the minor modifications has been made to
the Division of Land Resources (or approved local program). Such a deviation from the approved
plan shall be noted on the approved plan maintained on the job site. During active construction, a
copy of the approved plan shall be maintained on the site.
Part II. Section C. No. 1. Proper Operation and Maintenance
The permittee shall at all times operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this general permit.
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are also
encouraged to secure a consultant who specializes in stream permitting and restoration to
assist you with the submittal of the following:
1. A rain gauge must be properly installed as required by the Construction Stormwater
(NCG010000) permit. Provide a statement documenting the location of the rain gauge.
2. Provide all rain gauge data collected to include the past four months of monitoring
through the date of your written response to this letter. If you do not have data, explain
why.
3. Provide inspection records to include the past four months of monitoring records through
the date of your written response to this letter. If you do not have data, explain why.
4. Documentation depicting all jurisdictional features (e.g. streams and wetlands). A
description and quantification of the impacts to those jurisdictional features and your
plans to avoid further stream impacts on the site.
5. Please explain in your response when and how you anticipate achieving compliance with
the 401 Water Quality Certification.
6. Stream Restoration Plan (sediment impacts) - Sediment impacts to the stream must be
removed. As a part of this plan, you should provide the amount (depth) of material that
has been deposited in the stream. This information should be depicted on a map you
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E-22 Mills Park Elementary School
October 17, 2008
provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows)
to remove deposited sediment from the stream. The sediment should be removed from
the stream and taken to high ground and stabilized. Also, the plan must address the
measures that will be used for temporary stabilization/sediment control while this work is
under way.
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 detailed
above, be abated immediately. 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 Natalie Landry at [phone].
`Si cerely, /
i-
Dan Smith
Raleigh Regional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
RRO - Water Quality Files
Cyndi Karoly, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
Karen Pageau - DLR RRO
Honorable Rosa Gill, Chair Board of Education - Wake County Public School System,
3600 Wake Forest Road Raleigh, NC 27609
Del Burns - Wake County Public School System, 3600 Wake Forest Road, Raleigh, NC 27609
Michael Regan, Principal - Mills Park Elementary School, 509 Mills Park Drive, Cary, NC 27519
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E-22 Mills Park Elementary School
October 17, 2008
Addendum
General Stormwater Permit NCG0100000 - Condition Violations
In conjunction with the receipt of the Erosion and Sedimentation Control Plan approval issued by
the Division of Land Resources, an NPDES general stormwater permit (NCGO100000)
administered by the Division of Water Quality (DWQ) was issued for your project. This General
Permit allows stormwater to be discharged during land disturbing activities as stipulated by
conditions in the permit.
The following permit conditions are listed to assist you and to help bring your attention to certain
permit conditions requirements. A full copy of this permit (NCG010000) may be obtained on
line at http://h2o.enr.state.nc.us/su/Forms Documents.htm#StormwaterGP or at your request.
Part I. Section A (2): Final Limitations and Controls for Stormwater Discharges
2. The permittee shall implement the plan (Erosion and Sedimentation Control Plan), which
has been approved by the approval authority. The approved plan is considered a requirement
or condition of this general permit. Deviation from the approved plan, or approved
amendment to the plan shall constitute a violation of the terms and conditions of this general
permit except that deviations from the approved plan will be allowed (1) to correct an
emergency situation where sediments are being discharged off the site or (2) when minor
modifications have been made for the purpose of improving the performance of the erosion
and sedimentation control measures and notification of the minor modification has been
made to the Division of Land Resources (or approved local program). Such a deviation shall
be noted on the approved plan maintained at the job site. During active construction, a copy
of the approved plan shall be maintained on the site.
Part I Section C (2): Schedule of Compliance
2. During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the stormwater controls at optimum efficiency.
Part II Section E: Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in non compliance with the general
permit requirements.
Part I., Section B: Minimum Monitoring and Reporting Requirements
1. All sedimentation and erosion control facilities shall be inspected by or under the
direction for the permittee at least once every seven calendar days (at least twice every seven
days for those facilities discharging to waters of the State listed on the latest EPA approved
303(d) list for construction related indicators of impairment such as turbidity or
sedimentation") and within 24 hours after any storm event greater than 0.5 inches of rain
per 24 hour period. A rain gauge shall be maintained on the site and a record of the rainfall
amounts and dates shall be kept by the permittee.
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E-22 Mills Park Elementary School
October 17, 2008
(**note: The latest approved list may be obtained from the Division of Water Quality, or
from the following web site location: http://h2o.enr.state.nc.us/su/construction303d)
2. Stormwater runoff discharges shall be inspected by observation for stormwater discharge
characteristics as defined below at the frequency in # 1 above to evaluate the effectiveness of
the pollution control facilities or practices. If any visible sedimentation is leaving the
disturbed limits of the site, corrective action shall be taken immediately to control the
discharge of sediment outside the disturbed limits. (see Stormwater Discharge Characteristics
in the permit which can be found at
http://h2o.enr.state.nc.us/su/Forms Documents. htm# StormwaterG P)
3. The operator shall keep a record of inspections. Visible sedimentation found off the site
shall be recorded with a brief explanation as to the measures taken to prevent future releases.
Any measures taken to clean up the sediment that has left the disturbed limits shall also be
recorded. These records shall be made available to DWQ or authorized agent upon request.