20041323 Ver 1_Notice of Violation_20100518

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 12, 2010
CERTIFIED MAIL #7009 0080 000 9764 9911
RETURN RECEIPT REQUESTED
Oak Park Associates, LLC
Attn: Douglas S. Jones
1207 Roseneath Road
Richmond, VA 23230
Subject: NOTICE OF CONTINUING VIOLATION AND INTENT TO ENFORCE
NOV-2010-PC-0571
Oak Park Phase I (formerly Edwards Property) R51 {7 L 10 v
DWQ Project #04-1323 0 VV V UV
401 Water Quality Certification Violation IJAY j 21010
Franklin County
DENR - WATER OJALrf Y
Dear Sir: WETLANDS ANDSTORtMTERRRANCH
On April 29, 2010, Natalie Landry and Tom Ascenzo 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:
DWQ issued a Notice of Violation for a 401 Water Quality Certification Violation on February 16, 2010
to Oak Park Associates, LLC for the Subject property. A certified mail receipt signed by a representative
of Oak Park Associates, LLC on February 19, 2010 for the Notice of Violation and the receipt was
returned to DWQ by the U.S. Postal Service indicating that the Notice was received.
DWQ observations during the April 29, 2010 site inspection show that the level spreader at FES #41 is in
need of maintenance and severe erosion is occurring in the feature below the FES. The stormwater from
the FES is discharging at a velocity that is continually eroding the soils below. Stormwater drainage from
Lot 140 is concentrating and eroding the stream feature below.
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
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]
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Page 2
Oak Park Phase 1 (formerly Edwards Property)
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.
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 2H.0501
The Approval of 401 Water Quality Certification and Authorization Certification per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .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 15
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
Page 3
Oak Park Phase 1 (formerly Edwards Property)
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 detailed
above, be abated immediately. 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 ve any
regarding these matters, please contact Natalie Landry at [phone].
Vncere y,
Danny Smit
Regional Stfpervisor
Surface Water Protection Section
cc: DWQ RRO file copy
LQ File copy - Gabi Jones
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Oversight/Express Review Permitting Unit
USACE Raleigh Regulatory Field Office
Spaulding and Norris, PA, 972 Trinity Road, Raleigh, NC 27607