20001406 Ver 1_Meeting Note_20020722

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
Division of Water Quality
July 22, 2002
Certified Mail
Return Receipt Requested
Mr. William J. Nolan III and wife Louise
Hemphill-Nolan Group, Inc.
4298 Matthews Weddington Road
Matthews, North Carolina 28105
Subject: Providence Downs Phase IV
Marvin-Weddington Road
Union County, N. C.
Dear Mr. Nolan:
On May 14, 2002, Mr. Danny Smith of the Central Office of the Division of Water Quality (DWQ) and
field staff from Mooresville Regional Office conducted a site visit of the subject tract. During this site visit, the
investigators took photographs, measurements, and made observations of the respective stream impacts.
Specifically, with respect to Phase IV of Providence Downs, the Corps of Engineers determined that Phase IV is
covered by Nationwide Permit 39. A DWQ file review and staff discussions with the US Army Corps of Engineers
confirms that impacts that occurred to Phase IV are covered by a General Water Quality Certification GC 3362
from the Division of Water Quality. However, the subject site visit did reveal violations of the following items: A)
Permit Condition Violations of NCG010000 (General Stormwater Permit) and B) compliance concerns/questions
that involve Phase I and III.
In addition, Phase I and III of this development were also reviewed during the site visit. Specifically, Phase
III was noted to have received a 401 Water Quality Certification. Conversely, Phase I was also was noted to have
two discrete stream crossings, as well as culverted stream segments that appear to have been done to facilitate
development of residential lots. However a 401 Certification has not been issued for this impact.
A. General Stormwater Permit NCG010000 - Condition Violations
Upon the approval of the Sedimentation and Erosion Control Plan, issued by the Division of Land
Resources, an NPDES General stormwater permit (NCGO10000), administered by DWQ was issued for Phase IV.
This General Permit allows stormwater to be discharged during land disturbing activities as stipulated by conditions
in the permit.
The Division of Land Resources site visit records, dated March 21, 2002, April 9, 2002, April 24, 2002,
May 14, 2002, and May 23, 2002,, confirm the following violations:
-failure to follow approved plan,
-failure to provide adequate groundcover,
-insufficient measures to retain sediment on site,
-Inadequate buffer zone, and
-failure to maintain erosion control measures
The above-mentioned Sedimentation and Erosion Control inspection reports confirm violations of the
General Stormwater Permit (NCGO10000) conditions. Specifically, a review of the General Permit (NCGO10000)
conditions revealed that the subject site is in violation of the following provisions;
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
Part 1. Section A: Final Limitations and Controls for Stormwater Discharges
2. The permittee shall implement the plan (Sedimentation and Erosion Control Plan), which has been
approved by the approval authority. The approved plan is considered a requirement or conditions of this general
permit. Deviation from the approved plan, or approved amendment to the plan shall constitute a violation of the
terms and conditions of this general permit except that deviations from the approved plan will be allowed (1) to
correct an emergency situation where sediments are being discharged off the site or (2) when minor modifications
have been made for the purpose of improving the performance of the erosion and sedimentation control measures and
notification of the minor modification has been made to the Division of Land Resources (or approved local program).
Such a deviation shall be noted on the approved plan maintained at the job site. During active construction, a copy of
the approved plan shall be maintained on the site.
Part II Section E: Reporting Requirements
2. Anticipated Noncompliance - The permittee shall give advance notice to the Director of any planned changes in
the permitted facility or activity which may result in noncompliance with the general permit requirements.
In addition to these conditions, the General Permit Conditions Part I., Section B: Minimum Monitoring and
Reporting Requirements, contains the following conditions.
1. All sedimentation and erosion control facilities shall be inspected by or under the direction for 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 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.
(**note: The latest approved list may be obtained from the Division of Water Quality, or from the following
web site location: http://h2o.enr.state.nc.us/su/construction303d)
2. Stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as
defined below at the above frequency to evaluate the effectiveness of the pollution control facilities or practices.
If any visible off-site sedimentation is leaving the site, corrective action shall be taken immediately to control
the discharge of sediment out-side the disturbance limits.
3. The operator shall keep a record of inspections. Visible sedimentation found off the site shall be recorded with
a brief explanation as to the measures taken to prevent future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ
or authorized agent upon request.
Please provide this Office a copy of all weekly inspections and inspections subsequent to rain event greater
than 0.5 inches and rain gauge data. Also, please provide inspection information that was recorded with respect to
measures taken clean up sediment that has left the disturbed limits of the site. Failure to provide these documents or
lack of documentation will constitute additional violations.
B. Phase I and III of Providence Downs Subdivision
During the April 14, 2002, site visit a review of Phase 111 401 Certification was conducted by DWQ staff. Within
the Certification issued on December 4, 2002, a requirement for Deed notifications was stipulated as follows:
1. "Deed notification or similar mechanisms shall be placed on all remaining jurisdictional wetlands and
stream as well as a 50 foot wide riparian buffer between the two development phases to notify the sate in order to
assure compliance for future wetland/or water impacts. These mechanisms shall be put in place within 30 days of
this letter or the issuance of the 404 Permit (whichever is later)."
Accordingly, please provide this office with copies of deeds for lots in Phase III containing this
notification.
Page 2 of 2
With respect to Phase I, two road crossings and portions of a stream within lots were noted to be culverted
and back-filled. However despite an extensive file review, we have not located a 401 Water Quality Certification
for Phase I of the development. Please provide information that details how these crossings and the respective
stream impacts were authorized by the Division of Water Quality.
This Office requires that violations, as detailed above, be abated immediately. Also please note, these
violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation.
This Office requests that you respond to this letter in writing within 20 days of receipt of this Notice. Your
response should be sent to the attention of Mr. Danny Smith at the Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh
NC, 27604-2260. Your response should address the following items:
• You should clearly discuss your efforts to come into full compliance with the General Stormwater Permit. You
should also detail the events that resulted in your non-compliance with the above mentioned permit conditions.
(A copy of this permit is attached)
• Please provide information detailing your compliance with the Minimum Monitoring and Reporting
Requirements as requested above.
• You should also explain how you propose to prevent these problems from reoccurring with this project and with
future projects.
• Please provide information regarding the deed notifications as described above.
• Finally, please clearly discuss and account for the impacts observed for Phase I. Specifically, please provide
information that details how these crossings and the respective stream impacts were authorized by the Division
of Water Quality.
Thank you for your attention to this matter. Should you have any questions regarding these matters, please
contact Danny Smith [phone].
Attachment
cc:
Danny Smith - 401/Wetland Unit
DWQ Non-Discharge Compliance- Linda Forehand
Division of Land Resources - MRO
Division of Water Quality - MRO
Karen Dunn -Subdivision Administrator, Village of Marvin, P.O. Box 299, Waxhaw, NC 291173
Chris Huysman-P.O. Box 224, Newton NC 28658
John Dorney - 401/Wetland Unit
Central Files
File Copy