20040092 Ver 2_Notice of Violation_20080205

r e??
?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 1, 2009
n ?/Jra
CERTIFIED MAIL #7008 1300 0000 1133 4601 ?;{ a V D
RETURN RECEIPT REQ UESTED UUU111!!1
MAY 0 5 2009
City of Raleigh
Attn: Jed Niffene er, PE
gg DA WATER UUA
WETIANpSANDSTORAIWAIER
BRAtICM
PO Box 590
Raleigh, NC 27602
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0411
DWQ #04-0092 Ver. 2
Edwards Mill Road Extension
Construction Stormwater NCGO10000 Permit
401 Water Quality Certification Violations
35.7928°N 78.7273°W
Wake County
Dear Mr. Niffenegger:
On March 24, 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 Edwards Mill Road Extension from
NC 54 to Trinity Road, in Wake County, North Carolina. The stream on the site is Richland 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.
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 Erosion and
Sedimentation Control Plan for land disturbance of I 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. The Division of Land
Resources issued a Letter of Approval for the Erosion and Sedimentation Control Plan on January 30,
2006 for the Subject project to the City of Raleigh.
Ms. Lindsey Riddick of ARCADIS G&M of North Carolina, Inc. submitted a Pre-Construction
Notification (PCN) on or about January 2, 2008 on behalf of the property owner, the City of Raleigh. 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 February 5,
2008, DWQ Project# 04-0092 Ver. 2. The approved impacts include the placement of fill in 176 linear feet
of intermittent and perennial streams (including all stream stabilization measures) and impacts to 31,211
ft2 of the Neuse Buffers in order to construct a road on the subject property.
DWQ observations during the site inspection show that a rain gauge is on-site and a copy of the approved
Erosion and Sedimentation Control Plan is in the inspection box. Rainfall records and erosion and
sedimentation control measures records for November 10, 2008 through November 21, 2008 are in thepne
NorthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection - Phone [phone] Customer Service
Internet: w .nmaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Edwards Mill Road Extension
May 1, 2009
Page 2
inspection box. No other records were in the inspection box at the time of the inspection. DWQ staff also
observed that the headwall of the 78" culvert is not stable and is eroding into the stream channel.
Remnants (e.g., rock and plastic sheeting) of the impervious dike remain in the stream channel.
Approximately 20 linear feet of the stream channel and the buffer on both sides of the channel have been
excavated upstream of the culvert installation, which is beyond the authorized impacts.
As a result of the site inspection and file review, the following violations, described below, are noted:
(tl ?'IteinH!IGonstruchon!Stormwater General Permit (NCG010000) Condition Violation
Part ],'Section B. N0Jl
All, erosion andisedimentation control facilities shall be inspected by or under the direction of the permittee
at ]east once every seven calendar days (at least twice every seven days for those facilities discharging to
waters'tof.the State listed on the latest EPA approved 303(d) list for construction related indicators of
impaiinient'such a§ tuffbidity 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.
Item II. 401 WQC Condition Violations
The approval of the 401 Water Quality Certification and Neuse Buffer Authorization with Additional
Conditions 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.
General Water Quality Certification 04-0092 Ver. 2, Condition 9 states the following:
"All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to
the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with
non-woody species by the end of the growing season following completion of construction. For the purpose
of this condition, maintained buffer areas are defined as areas within the transportation corridor that will
be subject to regular DOT maintenance activities including mowing. The area with non-maintained
buffers shall be permanently revegetated, with native woody species before the next growing season
following completion of construction."
General Water Quality Certification 04-0092 Ver. 2, Condition 13 states the following:
"The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions."
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. 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.
2. 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.
3. 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.
4. Stream Restoration Plan - Please explain how you plan to restore the pattern, profile and
dimension of the impacted stream channel. The streambed must be restored to the original profile
and the stream banks must be stabilized. Replanting of the riparian zone is required.
Edwards Mill Road Extension
May 1, 2009
Page 3
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, please
contact Natalie Landry at [phone]. .
Smce ,'&_.
nny Smith
Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Raleigh RO - Water Quality
Raleigh RO-Land Quality (Karyn Pageau)
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian=McMillan,.401-Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 2760