20051133 Ver 1_Notice of Violation_20100824

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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
August 24, 2010
CERTIFIED MAIL #7008 1300 0000 1131 2685
RETURN RECEIPT REQUESTED
William H. Wynn
Crosswind Properties
1696 Hayes Road
Creedmoor, NC 27522
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0981
Ashton Glen Subdivision
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AUG 2 7 2010
DENR-WATF4R QUAUTY
WETLANDS AND SMRNIWATER BRANCH
Construction Stormwater NCGO10000 Condition Violations
Tar River Basin Riparian Buffer Violation
Other Waste (In-stream sediment)
Granville County
Dear Mr. Wynn:
On May 21 and June 1, 2010, Natalie Landry from the Raleigh Regional Office (RRO) of the Division of Water
Quality (DWQ) conducted site inspections for the project known as Ashton Glen Subdivision located off of NC
Highway 97 in Granville County, North Carolina. The stream on the site is an unnamed tributary (UT) to the Tar
River, Class WS-V Nutrient Sensitive Waters in the Tar River Basin.
Accordingly, the following observations were noted during the DWQ file review:
A stormwater general permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control
Plan. This permit applies to projects that receive a Division of Land Resources Erosion and Sedimentation
Control Plan 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 211.0100. The Division of Land Resources issued a Letter of Approval
for the Erosion and Sedimentation Control Plan on September 8, 2004 for the Subject project to Crosswinds
Properties.
On August 24, 2010, DWQ received a copy of the June 16, 2010 Division of Land Resources Sedimentation
Inspection Report for Ashton Glen Subdivision. The violation cited in the Sedimentation Inspection report is
Failure to follow approved plan.
DWQ observations during the May 21 and June 1, 2010 site inspections include:
No level spreaders were observed as shown on the Approved Erosion and Sedimentation Control Plan.
Concentrated flow was observed in the Tar River Basin protected riparian buffer below all stormwater
outfalls.
None hCarolina
;aturally
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
Ashton Glen Subdivision
August 24, 2010
Page 2
• Sediment deposition was observed in an area
approximately 1,200 square feet in the impounded section
of the UT on a downstream property (Englebright, Deed
bk/pg 175/539). See photo to right.
As a result of the site inspection and file review, the following
violations, described below, are noted:
Item I. Construction Stormwater General Permit No.
NCGO10000 Condition Violations
Part,11, 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.
Item II. Neuse River Basin Riparian Buffer Violation
Neuse River - Diffuse Flow
15A NCAC 0213.0233 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and
reestablishing vegetation.
Item III. Other Waste (In-stream sediment)
15A NCAC 02B .0211 (3)f
Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses;
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 the pond restoration and the installation
of level spreaders to assist you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams, pond and buffers). A description and
quantification of all the impacts to those jurisdictional features and your plans to avoid further impacts on
the site.
2. Explain in your response how and when you anticipate being in full compliance with the approved
Erosion and Sedimentation Control Plan. Include a schedule for level spreader installation.
3. Please submit a Restoration Plan to this office for review and approval. You are encouraged to secure a
consultant to assist you with your plan development, permit, certification and authorization necessary to
achieve compliance. This plan should include the following:
a.) The restoration plan must detail how the sediment deposition in the pond will be removed. This
information must be clearly depicted on a map that you provide as a part of this response. Permission
from appropriate land owners must be obtained to access the sediment deposition delta and remove
and dispose of the sediment.
b.) Please address the measures that will be used for temporary stabilization/ sediment control while this
work is under way. Please provide a schedule with dates by which this work will be completed.
•! Ashton Glen Subdivision
August 24, 2010
Page 3
c.) 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;
It is important that you adhere to this new plan once approved by DWQ. If you make any modifications to the
approved plan, DWQ must approve them prior to implementation.
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, please contact
Natalie Landry at [phone].
Since ly,
/2
Danny Sm.
Regional upervisor
Surface ater Protection Section
cc: DWQ RRO file copy
Gabi Jones, DLR Land Quality Section
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 40.1 Oversight/Express Review Permitting Unit
USACE Raleigh Regulatory Field Office