20041323 Ver 1_Notice of Violation_20100216

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
February 16, 2010
CERTIFIED MAIL #7009 0080 000 9789 7824
RETURN RECEIPT REQUESTED
Oak Park Associates, LLC
Attn: Douglas S. Jones
1207 Roseneath Road
Richmond, VA 23230
Subject: NOTICE OF VIOLATION
NOV-2009-PC-1020
Oak Park Phase I (formerly Edwards Property)
DWQ Project #04-1323
401 Water Quality Certification Violation
Franklin County
Dear Sir:
On December 15, 2009, Natalie Landry from the Raleigh Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection of the subject track/site known as Oak Park Phase I and
formerly known as Edwards Property on Hicks Road in Franklin County, North Carolina. The streams on
the site are unnamed tributaries (UT) to Cedar Creek, Class WS-II HQW NSW CA and to Brandy Creek,
Class C NSW in the Tar-Pamlico River Basin.
Accordingly, the following observations were noted during the site inspection and file review:
Mr. Scott Mitchell of Spaulding and Norris, P.A. submitted a Pre-Construction Notification (PCN) and
supplemental information on or about August 10, 2004 on behalf of the property owner, Ralph D.
Edwards. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 12 the
corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on
October 1, 2004, DWQ Project# 04-1323.
The 401 Water Quality Certification DWQ Project# 04-1323 authorizes the placement of fill within or
otherwise impact of 0.0018 acres of wetlands, 62 feet of streams and 16,757 square feet of protected
riparian buffers for the purpose of installing a sewer system at the subject property.
The property changed ownership from Ralph Edwards to the current owner, Oak Park Associates, LLC.
Oak Park Associates, LLC is a limited liability company registered with the North Carolina Secretary of
State.
North Carolina Division of Water Quality
Service
Internet: www.ncwaterquality.org
No ehCarolina
Naturally
Raleigh Regional Office Surface Water Protection Phone [phone] Customer
1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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Natural Resources
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Oak Park Phase 1 (formerly Edwards Property)
DWQ observations during the December 15, 2009 site inspection show that the level spreader at FES41
(see Drawing Sheet C-3.0 of the PCN) has not been maintained and has not been functioning properly.
Soil below the level spreader is eroded. The stream feature (UT to Cedar Creek) below the level spreader
is incised and recently eroded. Stormwater drainage from Lot 140 has concentrated and resulted in
erosion of the stream feature below. A downstream culvert at Cedar Creek Lane road crossing was
washed out during the December 2, 2009 rain event and was being replaced on the day of the inspection.
As a result of the site inspection and file review, the following violation, described below, is noted:
Item I. 401 Water Quality Certification Condition
Title 15A NCAC 211.0501
The Approval of 401 Water Quality Certification and Authorization Certification per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 213 .0259) 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 04-1323, Additional
Condition 2 states the following:
"Diffuse Flow - All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it will not
reconcentrate before discharging into a stream as identified within 15A NCAC 2B .0233(5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen.
This may require additional approval from this Office."
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30
days of receipt. You are also encouraged to secure a consultant who specializes in stormwater
engineering to assist you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and buffers). A description and
quantification of all the impacts to those jurisdictional features and your plans to avoid further
stream impacts on and off the site.
2. Please submit the following documents for review and approval:
b. A copy of the Buffer Determination Letter issued by DWQ based on the May 3, 2004
visit by Raleigh Regional Office staff.
c. As-built drawings of all stormwater conveyances for Phase 1 or newly engineered plans
for the conveyances; whichever end result shows diffuse flow at non-erosive velocities.
d. Please indicate in your response a schedule with dates detailing when the construction of
the new stormwater devices will be accomplished. This schedule should include a two-
year monitoring plan to ensure that the devices are working properly and are being
maintained.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
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Oak Park Phase 1 (formerly Edwards Property)
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].
Van ely,
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Regional S ervisor
Surface ater Protection Section
cc: DWQ RRO file copy
LQ File copy - Gabi Jones
John Hennessy, NPS Assistance and Compliance Oversight Unit
McMillan, 401 Oversight/Ex ess Review Permitting Unit
USACE Raleigh Regulatory Field Office
Spaulding and Norris, PA, 972 Trinity Road, Raleigh, NC 27607
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