20050810 Ver 2_Notice of Violation_20091222

North Carolina
Beverly Eaves Perdue
Governor
December 21, 2009
? 8- 0 8
NCDENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
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1 4v 1 &Lo
Dee Freeman
Secretary
CERTIFIED MAIL #7006 0810 0002 6049 6744 p @ ( V L5
RETURN RECEIPT REQUESTED i5 1J 9
Governors Club Limited Partnership
Mr. Dane L. Vicent
11197 Sam Snead Highway WETLANDS DFNK - AND SWATEk ZORAQTOR (1WAi'ER uA ER BRANCH BRANCH
Springs, Virginia 24445
Subject: NOTICE OF VIOLATION and RECOMMENDATION
FOR ENFORCMENT
NOV-2009-PC-1001
DWQ Proj ect # 05-0810
Incident # 200801689
Governors Club Limited Partnership
Governors Village
Chatham County
401 Water Quality Certification - Stormwater Condition Violation
DearMr. Dane Vicent:
On November 20, 2009, Autumn Hoban Romansh from the Raleigh Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection and took photographs of the Governors Village Wet Pond and
Level Spreader for the tract/project known as Governors Village located off Farrington Mill Road, in
Chatham County, North Carolina. The wet pond flows to waters of the state, an unnamed tributary
(UT) to Jordan Lake, Jordan Lake Watershed Protected Area, Class WS (Water Supply) IV, NSW
Nutrient Sensitive Waters in the Cape Fear River Basin.
Water Quality samples were collected (results pending) and the following observations were
noted.
DWQ observations during the site inspections show that the Governors Village Wet Pond has not been
maintained in accordance with the approved 401 Water Quality Certification, specifically, the wet pond and
level spreader have not been operated and maintained in accordance with the Operations &Maintenance
Manual (Attached) that was approved as part of the required stormwater management in the 401 Water
Quality Certification.
Photos of the condition of the wet pond and the level spreader taken on November 20, 2009 are attached.
DWQ observations from the site inspection also include:
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]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Governors Village
Chatham County
1) The required periodic inspections, operations, and maintenance records should confirm the
condition of the spillway, drains, outlets, embankment pool and wet pond. Photographs show weed
height in excess of the requirements for the O &M Plan and prior stabilization of banks with grass
has deteriorated beyond the compliance requirements of the O &M Plan.
Please submit the last 12 months of O & M records as part of your response to this
Notice of Violation.
2) Several of the aquatic plants in the planting plan are not present at the pond. Some cattails and
invasive plants are still present and need to be treated for removal. It is our understanding that
recommendations and quotes were completed in the fall in order to facilitate a spring 2010
planting. Please provide copies of these recommendations and quotes that show
arrangements for the spring 2010 planting plan are completed
3) Regarding the Level Spreader, site observations are noted below:
a. A grass filter strip has been successfully established below the lip of the level
spreader, but the base flow has saturated the filter strip. Overgrowth and
vegetation have clogged the grated lip of the level spreader and is short circuiting
the flow.
b. The amount of base flow continually entering the level spreader was to be
addressed by coring an adjustable orifice in the riser structure and manually
determining the appropriate orifice diameter through field testing. The objective
was to relieve the grass filter strip of constant saturation. Please provide the
results of the field testing
Maintenance is needed to restore the wet pond and level spreader to the required 401
conditions and to fulfill the functionality of the original design.
As a result of the site inspection and file review, the following violation, described below, is noted:
Item I. 401 Water Quality Certification Condition Violation
Failure to meet the conditions of the Approved 401 Water Quality Certification/Stomlwater Management
Plan.
The Approved 401 Water Quality Certification/StormwaterManagement Plan states:
"The structural stomnvater practices as approved by the DWQ 401 Wetlands Unit, as well as, drainage
patterns, must be maintained in perpetuity."
The stomiwater treatment system, which includes the wet detention pond, level spreader, and vegetated
filter strip, as approved by DWQ, and the drainage patterns depicted on the plan sheets, must be
maintained in perpetuity."
Requested Response
The following information must be mailed or hand delivered to the Raleigh Regional Office at the address
provided below within 30 days of receipt of this letter.
1. Submit an explanation of why the conditions of the Approved 401 Water Ouality
CeiWficadon/Stormwater Management Plan DWO Proiect #05-0810 were not
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Governors Village
Chatham County
adhered to, specifically address the condition of the operations and maintenance
requirements of the Governors Village Wet Pond level spreader, and status of
planting plan, and how you will come into compliance with the conditions, and a
schedule for your compliance.
2. Please submit the last 12 months of O & M records as part of your response to this
Notice of Violation.
3. Please provide copies of these recommendations and quotes that show the
arrangements for the spring 2010 planting plan are completed
4._ Please provide the results of the level spreader field testing
Submit Requested Items To:
Autumn Hoban
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued
violations that may be encountered. Your above-mentioned response to this correspondence will be
considered in this process. 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 Autunm Hoban at [phone].
c ely,
? L C
Danny Sal
Regional ervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
John Hennessy- NPS Assistance and Compliance Oversight Unit
Ian AM lan - 401 Oversight and Express Permits Unit
Jim Willis, Chatham County, PO Box 548, Pittsboro, NC 27312-0130
Compliance Inspection Report
Permit: NCG010000 Effective: 05/21/08 Expiration: Owner: Crosland Communities
SOC: Effective: Expiration: Facility: Governors Village Pond Modifications
County: Chatham 1727 Whippoorwill Ln
Region: Raleigh DWQ Tracking No: NCR000920
Fearrington NC 27312
Contact Person: Edmund Waddill Title: Phone: [phone]
Directions to Facility:
64W, RT onto Farrington Rd (before Lake), several miles north on right side, entrance after townhomes
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 11/20/2009 Entry Time: 01:00 PM Exit Time: 004:00 PM
Primary Inspector: Autumn H Romanski Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: Construction Stormwater
Facility Status: Q Compliant ¦ Not Compliant
Question Areas:
0 Construction
Inspection Type: Compliance Evaluation
(See attachment summary)
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Permit: NCR000920 owner - Facility: Crosland Communities
Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
DLR or Local Program Inspection
# Is this inspection related to a DLR / local program inspection?
? ¦
# If Yes, what was the DLR / local program inspection date?
Yes No NA NE
E 8 SC Plan
is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ? ? ? ¦
Inspection Report?
Comment:
Yes No NA NE
Erosion Control Measures
is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ? ? ? ¦
Comment:
Yes No NA NE
Approved E&SC Plan
? ? ? ¦
Is a copy of the approved E&SC plan on site?
Comment:
Yes No NA NE
Rain Gauge
Is a rain gauge present on the site at the time of inspection? ? ? ? ¦
Comment:
Yes No NA NE
Rain Gauge Records
? ? ? ¦
Is rain gauge data measured and recorded?
Comment:
Yes No NA NE
Inspection Records
Are inspection records of erosion & sedimentation control measures and stormwater discharges complete? ? ? ? ¦
Comment:
Yes No NA NE
Other NCG010000 Permit Conditions
0 0 0 0
Is the site compliant with other conditions of the NCG010000 permit?
Comment:
Other Water Quality Issues
Is the site free of any other Water Quality issues as noted during the inspection?
Comment: 401 WQC not being met: O&M for stormwater pond not being completed
and level spreader maintenance not being done.
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