20051955 Ver 1_Notice of Violation_20100427

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 27, 2010
MAIL #7009 0080 0000 9764 8860 MAIL #7009 0080 0000 9764 8877 MAIL #7009 0080 0000 9764 8884
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Forest Springs, LLC
Attn: John Lancaster
4509 Creedmoor Road, Suite 202
Raleigh, NC 27612
MAIL #7009 0080 0000 9764 9584
RETURN RECEIPT REOUESTED
Forest Springs, LLC
Attn: Brian Massengill
PO Box 31568
Raleigh, NC 27622
Goodwin Heirs, LTD Partnership
Attn: Bill Goodwin
1409 North Salem Street
Apex, NC 27502
Forest Springs, LLC
Attn: Glen Styger
PO Box 31568
Raleigh, NC 27622
Subject: NOTICE OF VIOLATION NOV-2010-PC-0468
DWQ Project #05-1955
Forest Springs Single Family
Forest Springs Multi Family
Forest Springs Outfall, Oakhall to Twelve Oaks
Stormwater General Permit (NCGO10000) Conditions
35.67115°N 78.84995°W
Wake County
Dear Sirs:
On April 15, 2010, Natalie Landry from the Raleigh Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection for the tracts/projects known as Forest
Springs Single Family, Forest Springs Multi Family and Forest Springs Outfall, Oakhall
to Twelve Oaks on Holly Springs New Hill Road, Wake County, North Carolina. The
streams on the site are unnamed tributaries to Little Branch, Class C Nutrient Sensitive
Waters (NSW), in the Cape Fear River Basin.
Accordingly, the following observations were noted during the DWQ file review and inspection.
The subject project has approved Erosion and Sedimentation Control Plans and is covered by a
stormwater general permit (NCG010000). A copy of the approved Erosion and Sedimentation
Control Plan for Forest Springs Outfall, Oakhall to Twelve Oaks was on the site but the
approved plans Forest Springs Single Family and Forest Springs Multi Family were not in the
inspection box on site. A rain gauge was on the subject site. Up-to-date erosion and 1
one
sedimentation control facility monitoring records and rainfall records were not found on site o hCarolina
Wmrally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer
Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Forest Springs
April 27, 2010
Page 2
the time of the inspection for any of the projects; however, inspection records for the time period
cover 7/9/2009 through 9/14/2009 were in the inspection box for all sites.
DWQ received a copy of a Notice of Violation for Forest Springs Single Family issued by the
Town of Holly Springs on April 9, 2010. The following violations were cited in the Notice of
Violation: Failure to maintain erosion control measures and Failure to provide adequate
groundcover.
DWQ received a copy of a Notice of Violation for Forest Springs Multi Family issued by the
Town of Holly Springs on April 9, 2010. The following violations were cited in the Notice of
Violation: Failure to provide adequate groundcover and Failure to maintain erosion control
measures.
DWQ received a copy of a Notice of Violation for Forest Springs Outfall, Oakhall to Twelve
Oaks issued by the Town of Holly Springs on April 9, 2010. The following violations were cited
in the Notice of Violation: Failure to maintain erosion control measures and Failure to provide
adequate groundcover.
Mr. Shawn Guyer of Spaulding & Norris, PA submitted a Pre-Construction Notification (PCN)
on or about October 24, 2005 on behalf of Goodwin Heirs LTD Partnership (Bill Goodwin). The
impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 39 and the
corresponding General Water Quality Certifications. DWQ issued a Waiver for the impacts on
or about January 3, 2006, DWQ Project# 05-1955. The Waived impacts include the placement
of fill within or otherwise permanently impact 0.2707 acres of wetland and temporarily impact
0.0141 acres of wetland, and permanently impact 291.11 linear feet of stream and temporarily
impact 46.32 linear feet of stream for construction of the proposed Forest Springs Subdivision.
The Waiver of 401 Water Quality Certification stated that, "if additional impact occurs or your
development plans change, this waiver is no longer valid and a 401 Water Quality Certification
will be required."
DWQ observations during the site inspection show at Impact Area #1, the temporary sediment
trap weir is eroding, gullies have formed and sediment is depositing into the stream. In the area
of former Basin A, the slope is eroding, the silt fence is overwhelmed and sediment is depositing
into the stream. DWQ observations also show that the slopes along the Outfall project are not
stabilized with vegetation and the silt fence has been overwhelmed in two areas. As a result,
sediment has been deposited outside the limits of disturbance.
As a result of the site inspection and file review, the following violation, described below, is
noted:
Item I. Stormwater General Permit (NCGO10000) Condition Violation
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.
1 Forest Springs
April 27, 2010
Page 3
During active construction, a copy of the approved plan shall be maintained on the site.
Part I, 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 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 efficiency.
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 past five months of 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 past five months of monitoring records through
to the date of your written response to this letter. If you do not have records, explain
why.
4. Remove sediment from outside the limits of disturbance and stabilize the impacted soil
with ground cover.
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
Forest Springs
April 27, 2010
Page 4
questions regarding these matters, please contact Natalie Landry at (919) 791-4 00.
)amnn ly,
if Smi
Regional upervisor
Surface Water 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
William Goodwin, Registered Agent, 1409 N Salem Street, Apex, NC 27502
Steve Perry, Town of Holly Springs, PO Box 8, Holly Springs, NC 27540