20080969 Ver 1_Notice of Violation_20090407

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
April 2, 2009
CERTIFIED MAIL #7008 1140 0002 6741 8957
RETURN RECEIPT REQUESTED
Spring Forest I, LLC
Attn: Carolyn Grant
3221 Blue Ridge Rd, Ste 109
Raleigh, NC 27612
Subject: NOTICE OF VIOLATION
Dee Freeman
Secretary
APR ? 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
NOV-2009-PC-260
DWQ EXP #08-0969
Brandemere Subdivision
Stormwater General Permit (NCGO10000) Condition
401 Water Quality Certification Condition
Neuse Buffer-Vegetation
Neuse Buffer-Diffuse Flow
Other Waste (in-stream sediment)
35.85215°N 78.560033°W
Wake County
Dear Ms. Grant:
On March 16, 2009, 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 Brandemere subdivision on
Louisburg Road, Wake County, North Carolina. The stream on the site is an unnamed tributary to
Beaverdam 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:
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 and rain gauge were on the subject site. Erosion and sedimentation control facility monitoring
records and rainfall records were not found on site at the time of the inspection.
DWQ received a copy of a Notice of Violation for Brandemere issued by the City of Raleigh on March
5, 2009. The following violation was cited in the Notice of Violation: Failure to install devices.
Mr. Jay Keller of Keller Environmental submitted a Pre-Construction Notification (PCN) on or about
NorthCarolina
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
Brandemere
April 2, 2009
Page 2
June 23, 2008 on behalf of the property owner, Carolyn Grant of Spring Forest 1, LLC. The impacts
were requested under U.S. Army Corps of Engineers Nationwide Permit 14 and the corresponding
General Water Quality Certifications. DWQ issued an approval for the impacts on or about June 26,
2008, DWQ EXP Project# 08-0969. The approved impacts include the placement of fill within or
otherwise impact 0 acres of wetland, 143 linear feet of intermittent stream and 6,878 ft2 of Zone 1 and
3,984 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed
subdivision at the site.
DWQ observations during the site inspection show approximately 40 linear feet of sediment deposition
in the stream below the road crossing and dissipater pad with depths ranging from approximately 3-6
inches, resulting from construction activity. Vegetation was removed from Zone 1 of the Neuse Buffer
for an area approximately 450 square feet. Concentrated flow was observed in the Neuse Buffer from
Sediment Skimmer Basin #1 discharge. Stormwater was discharging from a black plastic outlet pipe in
Zone 1.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Stormwater General Permit (NCGO10000) Condition Violation
Part 1, Section B. No. 1
All erosion and sedimentation control facilities shall be inspected by or under the direction of 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
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 II, Section C. No. 1
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.
Item II. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ EXP Project# 08-0969 approval letter specifies that the
activities must follow the conditions listed in the General Water Quality Certifications, as well as
additional conditions listed in the letter. Based on site observations and the file review, violations of
additional conditions 2, 3, 4 and 6 occurred on the Brandemere subdivision.
Item III. Neuse Buffer-Vegetation
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the Neuse River Basin
(intermittent streams, perennial streams, lakes, ponds and estuaries). The protected buffer extends 50-
feet landward from the landward edge of coastal marsh (as identified by the Division of Coastal
Management) or from the top of bank of any feature shown as surface waters on either a paper copy of
the soil survey maps prepared by the Natural Resource Conservation Service of the U.S. Department of
Agriculture or the most recent version of the 1:24000 scale quadrangle topographic maps prepared by
the U.S. Geological Survey. The protected riparian buffer has two zones: Zone 1 consists of a vegetated
area that is undisturbed except for uses provided for in Item (6) of this Rule (Title 15A NCAC 02B
.0233); Zone 2 shall consists of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule (Title 15A NCAC 02B .0233). The purpose of these rules is to
protect and preserve riparian buffers in the Neuse River Basin to maintain the nutrient removal functions
of these streamside areas necessary to protect surface waters.
Brandemere
April 2, 2009
Page 3
15A NCAC 02B.0233 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses
provided for in Item (6) of this Rule.
Item IV. Neuse Buffer-Diffuse Flow
15A NCAC 02B.0233 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.
Item V. Other Waste (in-stream sediment)
15A NCAC 02B .0211 (3)f
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.
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 how and when you anticipate being in full compliance with the
construction stormwater general permit and your Erosion and Sedimentation Control Plan.
2. Provide all rain gauge data collected to include the past three months of monitoring through to
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 three months of monitoring records through to the
date of your written response to this letter. If you do not have records, explain why.
4. Provide documentation depicting all jurisdictional features (e.g. streams and buffers). Include a
description and quantification of the impacts to all those jurisdictional features on the site.
5. Stream Clean-up 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 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, 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.
6. Buffer Restoration - Describe how concentrated flow will be removed from the Neuse buffer and
diffuse flow established into Zone 2. Provide a planting plan to this office for review and
approval. This plan must be developed to ensure that at least two native tree species are planted
at a density sufficient to provide 320 trees/acre at maturity. This density is usually achieved by
planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft.
grid. Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in
developing your plan (available on the web at: http://www.nceep.net/news/reports/buffers.pdf).
This plan must include the types of native woody vegetation selected, methodology of planting,
and a site map indicating the location of the replanting efforts.
Brandemere
April 2, 2009
Page 4
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3 800 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,
please contact Natalie Landry at [phone].
r?
)ann?y ely,
Smit
Regional S pervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Jamie Shern, USACOE Raleigh Regulatory Field Office
Rebecca Ferres, City of Raleigh, 222 West Hargett Street, PO Box 590, Raleigh, NC 27602
Lee Smith, Wynn Site Development, 4511 Avents Ferry Rd., Sanford, NC 27330