20052167 Ver 2_Notice of Violation_20100317

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
March 12, 2010
CERTIFIED MAIL #7009 0080 0000 9764 8099
RETURN RECEIPT REQUESTED
Den-Mark Construction, Inc.
Attn: Mark Dowdy
12617 Richmond Run
Raleigh, NC 27614
CERTIFIED MAIL #7009 0080 0000 9764 8105
RETURN RECEIPT REOUESTED
Robert Jones
PO Box 1108
Wake Forest, NC 27588
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r,IAR 1 i 2010 U
DEN1R - WATER QUALITY
WETLANDS AND STORwiligTER BRANCH
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0255
DWQ #05-2167, Ver. 2
Winston Ridge Subdivision (Winston Ridge Plantation Phase 1)
Construction Stormwater General Permit NCGO10000
401 Water Quality Certification Violations
Franklin County
Dear Messrs. Dowdy and Jones:
On February 17 and 18, 2010, Natalie Landry from the Raleigh Regional Office of the Division
of Water Quality (DWQ) conducted a site inspection for the tract/project known as Winston
Ridge Subdivision, also known as Winston Ridge Plantation Phase 1, on Hwy 96 in Youngsville,
Franklin County, North Carolina. The stream on the site is an unnamed tributary to Horse Creek,
Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and site inspection
A stormwater general permit (NCGO 10000) is issued upon the approval of an Erosion and Sedimentation
Control Plan. This permit applies to projects that receive a Division of Land Resources (DLR) Erosion
and Sedimentation Control Plan Approval Letter for land disturbance of 1 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. An Approval Letter for the Subject property was issued by DLR on February 13, 2006.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone]
Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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Winston Ridge Subdivision
March 12, 2010
Page 2
Mr. Jay Keller of Skelly and Loy, LLP submitted a Pre-Construction Notification (PCN) on or about
March 21, 2006, and additional information on April 24, 2006, June 2, 2006 and July 6, 2006 on behalf of
the owner/applicant, Denmark Construction Company, Inc. The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permit 39 and the corresponding General Water Quality Certification.
DWQ issued an approval for the impacts on July 14, 2006, DWQ Project# 05-2167, Ver.2. The approved
impacts at the Winston Ridge Subdivision site include the placement of fill within or otherwise impact
0.085 acres wetlands, 96 linear feet of perennial streams, 4,300 square feet of Zone 1 protected Neuse
riparian buffers and 3,050 square feet of Zone 2 protected Neuse riparian buffers to construct a residential
subdivision.
On. October 24,, 2006, DWQ issued a Notice of Violation with a Recommendation for Enforcement to
1 11 -Denmark Construction Company, Inc. for a Neuse Buffer violation (15A NCAC 02B .0233(4)) and a
Removal of Usage violation (15A NCAC 02B .0211(2)).
On May 8, 2007, DWQ received a reply to the Notice of Violation from Keller Environmental.
On Sepiember 24, 20079 DWQ issued a Notice of Continuing Violation with a Recommendation for
Enforcement for the violations identified in the October 24, 2006 violation.
On October 15, 2007, DWQ received a packet titled Resolution for Winston Ridge Plantation from
EcoScience that included a Riparian Buffer Restoration Plan and a Level Spreader at Hwy 96 & Morning
Glory Drive Narrative.
On or about November 15, 2007, DWQ issued an approval letter for the restoration packet submitted by
EcoScience and received by DWQ on October 15, 2007.
DWQ received a copy of the December 9, 2009 Sedimentation Inspection Report from the DLR Land
Quality Section that cited the following violations at the Winston Ridge Plantation Phase 1 site: Failure
to conduct a land-disturbing activity in accordance with the provisions of an approved erosion and
sedimentation control plan; Failure to provide adequate groundcover; Failure to take all reasonable
measures to protect all public and private property from damage by such land-disturbing activity; and
Failure to install and maintain all temporary and permanent erosion and sedimentation control measures
as required by the approved plan or any provisions of the Act, and rules adopted thereunder, during or
after the development of a site.
DWQ observations during the 2/17 and 2/18 site inspections showed significant soil erosion around the
headwall of the permitted road crossing on the upstream side of the crossing. Approximately 30 linear
feet of sediment deposition and small stone were impacting the stream, at depths ranging from 2 to 12
inches. On the downstream side of the crossing, the headwall slopes were steep and inadequately
vegetated. Pockets of sediment deposition were observed in the dissipater pad at depths ranging from 2 to
3 inches in depth. The dissipater pad, measuring approximately 45'L X 20'W is not shown on the
approved plans as an authorized impact. In the proposed location of Level Spreader #9, there is a mound
of un-compacted soil and constructed debris that is not level. Stormwater flow discharging from the
stormdrain culvert flared end section (FES) is bypassing the mound and entering the buffer in a non-
diffuse manner. In the proposed location of Level Spreader #8, the FES is 1/3 full of sediment and the
level spreader was not observed.

At the proposed location of Level Spreader #1, there is an FES with an approximately 15 linear foot
dissipater pad and the stormwater flow is discharging into the buffer in a non-diffuse manner. The level
spreader was not observed.
Winston Ridge Subdivision
March 12, 2010
Page 3
A utility crossing, located just upstream of the authorized road crossing, is impacting approximately 40
linear feet of stream bed and bank and -40'L X 50'W of Neuse River Basin protected Buffer on each side
of the stream. These impacts were not requested in the PCN.
At the proposed location of Level Spreader #7, a small ring of rocks surrounded the stormdrain culvert
FES. No level spreader was observed. The slopes at the end of the cul-de-sac (Scarlet Bell Dr) are not
adequately vegetated and gullies were formed. The 40' utility easement off the end of the cul-de-sac was
not adequately vegetated, the soils are unstable, gullies have formed and a small amount of sediment is in
the buffer.
At the proposed location of Level Spreader #4, the stormdrain inlet is completely covered with sediment
and debris. No level spreader was observed. Just upstream of this location, there is an approximately 20
linear foot utility crossing that was not applied for in the PCN (temporary stream impacts or buffer
impacts). Just downstream of this location, riprap stone is placed in the buffer on each side of the stream
for an area of 250 square feet. The purpose of this is not evident.
At the proposed location of Level Spreader 6, no level spreader was observed. At the proposed location
of Level Spreader 5, sediment was built up to the top of the silt fence below the detention pond outlet pipe
(needs maintenance) and no level spreader was observed.
At the Detention Pond, it appeared that the weir collapsed and sediment has filled the pond to the top of
the remaining weir. The plans show the Detention Pond is constructed in jurisdictional wetlands. No
authorization was given for this impact.
At the location of Level Spreader #2, there is erosion below the FES and the approximately 30 linear foot
level spreader appears to be constructed on top of the sanitary sewer easement. At the proposed location
of Level Spreader #3, the FES is partially clogged with sediment and the level spreader was not observed.
The drainage culvert FES from subdivision entrance road has erosion below the dissipater pad, gullies
have formed and flow is entering Zone 1 in a non-diffuse manner. The FES from the pond outlet is
"hanging." Rills have formed on the slopes between the pond outlet and NC96 and vegetation is sparse
on the steep slopes. The pond water is very turbid.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Construction Stormwater General Permit (NCGO10000) Conditions
Part II, Section B. No. 12
Projects and their corresponding activities permitted under the previous version of the NC general permit
for construction activities are covered under this general permit. The requirements for these projects are
the same as those previously required in the general permit until the project is completed or terminated.
Part I, Section A. No. 2
The permittee shall implement the plan, which has been approved by the approval authority.
Part I, Section C. No. 2
During construction and until the completion of construction or development and the establishment of a
permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate
the stormwater control measures and all erosion and sedimentation control measures at optimum
Winston Ridge Subdivision
March 12, 2010
Page 4
efficiency.
Item II. 401 WOC Condition Violations
The approval of the 401 Water Quality Certification and Authorization Certificate per the Neuse Buffer
Protection Rules with Additional Conditions letter specifies that the activities must follow the conditions
listed in the General Water Quality Certification, as well as additional conditions listed in the letter.
General Water Quality Certification #05-2167, Ver. 2, Additional Condition 1 states the following:
"Impacts Approved. The following impacts are hereby approved as long as all of the other specific and
general conditions of the Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:"
Type of Impact Amount Approved (Units) Plan Location or Reference
404/Wetland 0.085 (acres) PCN page 8 of 12
Stream 96 (linear feet) PCN page 8 of 12
Buffers - Zone 1 4,300 (square feet) PCN page 11 of 12
Buffers - Zone 2 3,050 (square feet) PCN page 11 of 12
General Water Quality Certification #05-2167, Ver. 2, Additional Condition 2 states the following:
"No Waste, Spoil, Solids, or Fill of Any Kind. No waste, spoil, solids, or fill of any kind shall occur in
wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur."
General Water Quality Certification #05-2167, Ver. 2, Additional Condition 3 states the following:
"Erosion & Sediment Control Practices. Erosion and sediment control practices must be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times."
General Water Quality Certification #05-2167, Ver. 2, Additional Condition 6 states the following:
"Diffuse Flow (No Review). 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 re-concentrate 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."
Winston Ridge Subdivision
March 12, 2010
Page 5
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 when you anticipate being in full compliance with your Erosion and
Sedimentation Control Plan.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, buffers and wetlands) on the site. This documentation should
describe and quantify the impacts to those jurisdictional features and should include plans to
avoid further stream, buffer and wetland impacts on the site.
3. Implement the approved Winston Ridge Plantation Riparian Buffer Restoration Plan prepared by
EcoScience (September 2007) and approved by DWQ (November 15, 2007).
4. Implement the approved design to treat stormwater flow from the 30-inch RCP under Morning
Glory Drive prepared by EcoScience and approved by DWQ (October 25, 2007).
5. Install all level spreaders in accordance with the approved plan.
6. Submit a stream and wetland restoration plan to address impacts at the road crossing, utility
crossings and the site of the detention pond. You are encouraged to secure a consultant to assist
you with your plan development, permit, certification and authorization necessary to achieve
compliance. Sediment impacts to the streams onsite must be removed. As a part of this plan, you
should provide the amount (depth) of material that has been deposited in the floodplain, stream
and any wetlands. 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 channel. The sediment should be removed from the channel, taken to
high ground away from the stream channel and stabilized. Also, the plan must address the
measures that will be used for temporary stabilization/sediment control while this work is under
way. 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 will be required. The restoration plan must detail
how the earthen fill material placed in wetlands will be removed and how excavated wetlands
will be restored. Satisfactory wetland restoration requires the replanting of at least 2 native
hardwood wetland species and the maintenance of a stem density/survivorship of at least 320
trees per acre at the end of 3 years. Also, this plan will require an herbaceous wetland seed mix
for all wetlands that are disturbed.
7. Submit a buffer restoration plan to address buffer impacts at the utility crossings.
8. It is required that you contact the United States Army Corps of Engineers to determine if a 404
Permit is necessary for these restoration activities;
9. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S.
Army Corps of Engineers (USACOE) for information on the type(s) of permit required.
Depending on the type of permits USACOE requires, application for a 401 Water Quality
Winston Ridge Subdivision
March 12, 2010
Page 6
Certification to DWQ will also be required. Please note that sediment impacts to streams are not
permittable.
10. Please indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished. This schedule should include a three-year monitoring plan to ensure that
the wetlands, buffers and streams are restored.
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,
contact Natalie Landry at [phone].
nicer y,
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V x,717 " 17'2
Danny Smi
Regional upervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO-Land Quality (Gabi Jones)
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
USACE Raleigh Regulatory Field Office
Bob Zarzecki, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Bob Fry, Special Asset Consultants, P.O. Box 97814, Raleigh, North Carolina 27624
Brian Burkhart, EcoScience, 1101 Haynes Street, Suite 101, Raleigh, NC 27604