20050675 Ver 1_No Written Concurrence_20060901

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? Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
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1 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p `C Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 1, 2006
CERTIFIED MAIL #xxxx xxxx xxxx xxxx xxxx
RETURN RECEIPT REOUESTED
William R. O'Neal V.
5 Nicklaus Way
Clayton, NC 27520
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
William R. O'Neal V.
Moss Creek Phases 3 and 4
Failure to comply with 401 Water Quality Certification Conditions
DWQ #05-0675
Johnston County
Dear Mr. O'Neal:
On , Ian McMillan and Amy Chapman from the DWQ Central Office conducted a
site inspection of Moss Creek Phases 3 and 4 located off Guy Road in Clayton, Johnston County.
This inspection was conducted in response to a Pre-Construction Notification received for
another phase of this development.
Blackburn Consulting Engineering, on behalf of William R. O'Neal V., submitted a Per-
Construction Notification (PCN) for the proposed Moss Creek Subdivision Phases 3 and 4 on
April 18, 2005. Impacts associated with the proposed development included impacts to wetlands
associated with roads, alleys, and sewer crossings. The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permit 39, and the corresponding General Water Quality
Certification (WQC) 3402. DWQ issued an approval letter with additional conditions for the
impacts on July 13, 2005. The approval letter issued by DWQ specified that the activities must
follow the conditions listed in the General Water Quality Certification as well as additional
conditions listed in the letter.
During the site visit, the investigators observed that the permitted impacts to wetlands
have occurred onsite. A DWQ file review confirms that the above mentioned impacts occurred
prior to submission or approval of any Stormwater Management Plan for the site. As a result of
the site inspection and file review, the following violations are noted:
Item I. Failure to Comply with Additional Condition #6 of 401 WQC (#05-0675)
General Water Quality Certification 3402, Additional Condition #6 states the following:
"A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
Noe Carolina
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Page 2 of 2
Moss Creek Phases 3 and 4
Johnston County
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604) within 60
days of the issuance of the 401 Water Quality Certification."
A DWQ file review confirms that to date, no written Stormwater Management Plan has been
submitted to the 401 Oversight and Express Permitting Unit for approval.
Item II. Failure to Comply with Condition #4 of 401 WQC (#05-0675)
General Water Quality Certification 3402, Condition #4 states the following:
"Unless specified in the approval letter, the final, written stormwater management plan
shall be approved in writing by the Division of Water Quality's Wetlands Unit before the
impacts specified in this Certification occur."
During the site visit, the investigators observed that the permitted impacts to wetlands have
occurred onsite. A DWQ file review confirms that the above mentioned impacts occurred prior
to submission or approval of any Stormwater Management Plan for the site.
Requested Response
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 both this office at the letterhead address and to the
attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
1. Please explain why the wetland impacts occurred prior to the submission and approval of
the Stormwater Management Plan as in accordance with the certification conditions.
lease submit a Stormwater Management Plan to this office for review and approval.
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 you have any questions regarding these matters, please contact Ian
McMillan or myself at [phone].
Sincerely,
Cyndi Karoly
NCDWQ 401 Oversight/Express Review Permitting
cc: Chuck Wakild - DWQ Raleigh Regional Office Supervisor
Mike Horan - DWQ Raleigh Regional Office
Danny Smith - NPS Assistance and Compliance Oversight Unit
James Shern - U.S. Army Corps of Engineers Raleigh Regional Office
File Copy
DWQ Central Files