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HomeMy WebLinkAboutWT002842_NOV_20200108 ROY COOPER Governor MICHAEL S.REGAN Secretary 0 S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality January 8, 2020 NOTICE OF VIOLATIONS OF GENERAL PERMIT - NCG 010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL: 7017 0190 0000 9526 9291 RETURN RECEIPT REQUESTED: Dominion Land Corporation Attn: Nathan Sanders PO Box 3167 Wilmington,NC 28406 CERTIFIED MAIL: 7017 01900000 9526 9284 RETURN RECEIPT REQUESTED: Hanover North Holdings, LLC Attn: Nathan Sanders PO Box 3167 Wilmington, NC 28406 RE: Project Name: Parsons Mill Project ID: WT002842 County: New Hanover Compliance Deadlines: 15 days from receipt by certified mail for Construction Stormwater Permit NCG 010000 violations Dear Mr. Sanders: On January 7, 2020 personnel of this office inspected a project located on Huntsman Court at North College Road, Wilmington in New Hanover County, North Carolina. This inspection was performed to determine compliance with the North Carolina General Permit - NCG 010000 to North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 78405 oop•mm.mmrnwo.•.•u.a•.m� 910,796.7215 Notice of Violations Parsons Mill January 8, 2020 Page 2 of 5 Discharge Stormwater Under The National Pollutant Discharge Elimination System for Construction Activities (Construction Stormwater Permit NCG 010000). The inspection revealed a land-disturbing activity of approximately 18 acres being conducted. It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations of the Construction Stormwater Permit NCG 010000 that were found are: 1. Failure to implement the erosion and sedimentation control plan. The Permittee must implement and follow the erosion and sedimentation control plan. The approved erosion and sedimentation control plan is considered a condition of Construction Stormwater Permit NCG 010000. NCG 010000 Part II Section G (2) a. Erosion control measures are not installed per erosion control plan. b. Erosion control measures are not maintained per erosion control plan. 2. Failure to manage construction site pollutants. NCG 010000 Part II Section F. 1) a. All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC 1313). b. Locate areas dedicated for management of land clearing and demolition debris, construction and domestic waste, and hazardous or toxic waste. This location shall be at least 50 feet away from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. c. Litter and Sanitary Waste-The permittee shall control the management and disposal of litter and sanitary waste from the site. Construction debris was found uncontrolled from the construction sites on Huntsman Court. Liquid concrete waste was disposed of on Lot 18. 3. Failure to meet self-inspection and reporting requirements. NCG 010000 Part III a. A written record of the daily rainfall amounts shall be retained and all records shall be made available upon request. Notice of Violations Parsons Mill January 8, 2020 Page 3 of 5 b. Erosion and sedimentation control measures shall be inspected to ensure that they are operating correctly. Inspection records must be maintained for each inspection event and for each measure. At a minimum, inspection of measures must occur at the frequency indicated below: i. All erosion and sedimentation control measures must be inspected by or under the direction of the permittee at least once every seven calendar days, ii. All erosion and sediment control measures must be inspected by or under the direction of the permittee within 24 hours after any storm event of greater than one inch of rain per 24 hour period. c. Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be inspected by observation for erosion, sedimentation and other stormwater discharge characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls shall be made at least once every seven calendar days and within 24 hours after any storm event of greater than 0.50 inches of rain per 24 hour period. Self-inspection and reporting requirements have not been met. 4. Failure to install and maintain BMPs and control measures, NCG 010000 Part II G.2-3 The permittee must select, install, implement and maintain best management practices (BMPs) and control measures that minimize pollutants in the discharge to meet the requirements of this permit. The erosion control plan is not being followed. Erosion control measures are not being installed or maintained according to the approved plan. 5. Failure to operate and maintain control measures, NCG 010000 Part I1 G.2-3 The permittee shall at all times properly operate and maintain all control measures 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 . The erosion control plan is not being followed. Erosion control measures are not being installed or maintained according to the approved plan. 6. Bypass of stormwater control facilities, NCG 010000 Part II G.5 Bypass of stormwater control facilities is prohibited except as allowed by permit conditions. Sediment is allowed to flow into wetland areas by lack of maintenance of sediment fencing and other BMPs. Sediment basins have not been installed. Notice of Violations Parsons Mill January 8, 2020 Page 4 of 5 To correct these violations,you must: 1. All land-disturbing activity on the site must be conducted in accordance with the terms of the approved plan, the SPCA and the implementing rules and Construction Stormwater Permit NCG 010000. 2. Install, repair, and maintain all best management practices according to the approved erosion and sediment control plan. 3. Conduct self inspections and document all activities associated with permit compliance. Documentation is required of all measures once a week and after a one inch rain event. Document installation of measures, current state of measures, and repair of measures. Construction Stormwater Permit NCG 010000 Violations The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred to the Director of the Division of Energy, Mineral and Land Resources, S. Daniel Smith, for appropriate enforcement action, including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar days from receipt of this Notice by certified mail to cease the violations listed above, and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in writing within 15 calendar days of receipt of this Notice by certified mail. Your response should be sent to this regional office at the letterhead address and include the following: 1. The date by which the corrective actions listed above have been or will be completed. 2. Rainfall data and self-inspection or self-monitoring records from September 2019 to present. 3. A plan of action to prevent future violations. 4. A plan for restoration of sedimentation damage. 5. Reasons why a civil penalty should not be assessed. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. Your above- mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Please be advised that any new land-disturbing activity associated with this project should not Notice of Violations Parsons Mill January 8, 2020 Page 5 of 5 begin until the area presently disturbed is brought into compliance with the Construction Stormwater Permit NCG 010000. When corrective actions are complete, you should notify this office so that work can be inspected. You should not assume that the project is in compliance with the Construction Stormwater Permit NCG 010000 until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is completely stabilized. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Construction Stormwater Permit NCG 010000. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the Construction Stormwater Permit NCG 010000 please contact either Brian Lambe or me at your earliest convenience. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Enclosures: NCGO10000 Inspection Report Construction Stormwater Permit NCG 010000 cc: Julie Coco, State Sedimentation Engineer Annette Lucas, State Stormwater Engineer Beth Wetherill,New Hanover County Engineering Specialist Site Inspection Report Site Number: VVT002842 Site Name: Parsons Mill Site Address: Huntsman Ct County: New Hanover Region: Wilmington Directions: Latitude: +34' 19'44" Longitude: -77'53'29" Site Owner Name: Dominion Land Corporation Inspection Date: 01/07/20 Reason for Inspection: Routine Inspection Type: Site Inspection (non-DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Brian P Lambe r Phone: Secondary Inspector(s): A- Phone: Compliance Status: ❑ Compliant 0 Not Compliant Program Areas: Construction SW(NCG010000) Question Areas: NCG010000 Permit Inspection Summary: Notice of Violation issued by New Hanover County 12/27/2019. NCGO1 inspection is in response to the NOV. The site super could not produce the erosion control plans, permit, rain gauge, and self inspection records as required to be onsite per the permit requirements. The area around the building construction had sediment fencing down in various locations and construction debris was uncontrolled. Lot 18 is being used to dump liquid concrete waste without containment. - The area to the south of Hunstman Ct that is under construction needs a construction entrance. Inlet protection is in need of repair and maintenance. A berm has been constructed on the south side of the project that needs to be stabilized and erosion control measures installed to the south of it. The area beyond Saddlebrook Drive entrance has been cleared. Silt fence is installed. Some silt fence has been compromised. Stream and wetland crossings are inadequate. Sediment storage devices are required for this amount of drainage area. Sediment basins should be installed during initial clearing. Areas that have been cleared need immediate temporary stabilizaton. page. 1 Site Number: WT002842 Owner: Dominion Land Corporation Inspection Date: 01/07/20 Inspection Type: Site Inspection(non-DOT) Reason for Visit: Routine NCG010000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? 0 ❑ ❑ ❑ If Yes,what was the DLR/delegated program inspection date? 12/27/2019 Is the site following its E&SC Plan as per DLR or delegated program? ❑ 0 ❑ ❑ Is the site maintaining their E&SC measures as per DLR or delegated program? ❑ 0 ❑ ❑ Is a copy of the approved E&SC plan on site? ❑ E ❑ ❑ Is a rain gauge present on-site or is MPE in use for the site? ❑ 0 ❑ ❑ Is rain gauge data or MPE data recorded? ❑ 0 ❑ ❑ Are inspection records complete? ❑ 0 ❑ ❑ Is the site compliant with other conditions of the NCG010000 permit? ❑ 0 ❑ ❑ Comment: The site did not have a readily available plan permit rain gauge or inspection records. Erosion control measures have not been installed per erosion control plan. Erosion control measures have not been maintained. page: 2