20080969 Ver 1_Notice of Violation_20090807

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North Carolina De artme NCDENR
p t of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
August 6, 2009
CERTIFIED MAIL #7008 1300 0000 1133 5172
RETURN RECEIPT REQUESTED
Spring Forest I, LLC
Attn: Carolyn Grant
3221 Blue Ridge Rd, Ste 109
Raleigh, NC 27612
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
NOV-2009-PC-0689
DWQ EXP #08-0969
Brandemere Subdivision
Stormwater General Permit (NCG010000) Condition
401 Water Quality Certification Condition 0 (A (K." (E Q?J(?
Neuse Buffer-Diffuse Flow LL?S t5 lVJ tt55
Other Waste (in-stream sediment)
35.85215°N 78.560033°W
AUG ? 2009
Wake County
DENR - WATER fluAUTv
Dear Ms. Grant: WETLANDS AND STORMATER BRANCH
On July 23, 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 Sedimen
were on the subject site. Erosion andsedimentation control facility moni orin t ec Control Plan and rain gauge ords and current up until June 15, 2009 in the inspection box at the time of the inspection. Records after hel week of June
records were
15, 2009 were not on site.
On 7/23/09, DWQ received a copy of a Notice of Violation for Brandemere issued by the City of Raleigh on Jul
23, 2009. The following violations were cited in the Notice of Violation: Failure to protect public or private y
property and Failure to maintain temporary and/or permanent measures.
On 7/23/09, DWQ received a copy of a Notice of Violation for Brandemere III issued by the City of Raleigh on
July 23, 2009. The following violations were cited in the Notice of Violation: Failure to protect public orrivate
property and Failure to maintain temporary and/or permanent measures. p
NorthCarolliina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Pho 791- q ty g 1628 Mail Service Center Raleigh, NC 27699-1628 A n(919)9788 7 5900 Customer
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Brandemere
August 6, 2009
Page 2
Mr. Jay Keller of Keller Environmental submitted a Pre-Construction Notification (PCN) on or about
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 ft of Zone 1 and 3,984 ftz of Zone 2 of the protected riparian buffers
for the purpose of constructing the proposed subdivision at the site.
DWQ staff observations during the site inspection show approximately 95 linear feet of sediment deposition in
the stream below the road crossing and dissipater pad with a depth of approximately 6 inches and approximately
450 linear feet of sediment deposition in the stream with depths ranging from approximately 2 to 9 inches,
resulting from construction activity. Stream bank and bed erosion for approximately 12 linear feet below the
stormwater pond outlet apron was observed. DWQ staff also observed machine lubricant buckets without covers
on the job site and an unlocked fuel tank. Concentrated flow was observed in the riparian buffer near the
Louisburg Road entrance.
On April 2, 2009, DWQ issued a Notice of Violation to Spring Forest I, LLC for violations at Brandemere
Subdivision, including approximately 40 linear feet of sediment deposition in the stream below the road crossing.
All violations were addressed.
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 Ouality Certification Condition Violation
The 401 Water Quality Certification DWQ EXP Prolect# 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 M. 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 IV 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.
B"randemere
August 6, 2009
Page 3
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 week of June 22, 2009 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 week of June 22, 2009 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. Stream Bank Restoration - Describe how the stream bank will be stabilized, what materials will be used
and how future stormwater runoff will not de-stabilize the bank.
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. This office is forwarding a civil penalty recommendation for assessment
consideration through the Attorneys Generals Office. Your response to this matter will be considered in this
process. Should you have any questions regarding these matters, please contact Natalie Landry at (919) 791-
4200.
(Since ely,
Danny Smith
Regional Su ervisor
Surface W er 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