20061798 Ver 6_Notice of Violation_20101109

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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
November 9, 2010
Jim Spangler
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, NC 27609
Subject: DWQ Response to Proposed Major Milestones for
Repairs and Restoration
Summerwind Plantation Phases 1A & 1B and Lots
Johnston County
Dear Mr. Spangler:
On October 25, 2010, N.C. Division of Water Quality (DWQ) received the Proposed Major Milestones
for Repairs and Restoration memo submitted by you on behalf of Summerwind Plantation. Thank you
for your proposal. While DWQ cannot agree that no hearing will be needed in the Johnston County
superior court case number 10 CVS 3392, DWQ is in general concurrence with the proposed repairs and
restoration if the following changes are made:
1. Regarding Item I(ii), please add the repair of the "stream bed" to the sentence.
2. Regarding Item 3, sediment outside the limits of disturbance must be reported and removed in
accordance with the NCG010000 General Permit conditions. This includes sediment deposition
on-site and off-site, in addition to impacts to surface waters onsite and downstream of the site. If
sediment deposition removal will be phased, please indicate this in the detailed restoration plan
and construction sequence. If you need to know the locations of sediment deposition, please
contact DWQ.
3. Regarding Item 2, please include that you will provide plans for measures that will be used for
temporary sedimentation and erosion control for areas of restoration.
4. Regarding Item 2(a), please add "and any subsequent inspections."
5. Regarding Item 1 and Item 3(b), compliance with 401 WQC conditions must include restoration
of the stream banks in the vicinity of the aerial sewer crossing (please refer to the PCN).
NhCarolina
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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
Summerwind Plantation
November 9, 2010
Page 2
6. Regarding Item 3(c), slopes in the vicinity of the bridge need to be regraded and stabilized
(NCG010000 requires compliance with E&SC Plan). Currently, slopes are not fine graded.
Large gaps/holes exist under matting on the steep slopes on the upstream side of the bridge.
7. Regarding items not mentioned in the memo but previously requested by DWQ, please include the
following in the restoration plan: a map depicting all unauthorized impacts, certification of
completion product (e.g., written report), confirmation from the Army Corps of Engineers about
permit requirements and reserving adequate access for monitoring and other permit
requirements, if lots are sold.
Please note that it is the expectation of the Raleigh Regional Office that Summerwind Plantation
complies with all permits, certifications and State Standards (e.g., NPDES Construction Stormwater
General Permit, 401 Water Quality Certification, Buffer Authorization, stream and wetlands standards,
etc) and remain in compliance throughout the duration of the project development. We look forward to
receiving the detailed restoration plan and construction sequence. Should you have any questions
regarding these matters, please contact me at [phone].
Sincerely,
Natalie Landry
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
DWQ RRO-file copy
Cyndi Karoly, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
Thad Valentine - DLR RRO
Thomas Brown, Raleigh Regulatory Office, USACE
Ron Mikesh, 12620 Port Chester Court, Raleigh, NC 27614
Cathy Cralle Jones, Law Offices of F. Bryan Brice, Jr., 5 W. Hargett St., Suite 200, Raleigh, NC 27601
Bryan Brice, Law Offices of F. Bryan Brice, Jr., 5 W. Hargett St., Suite 200, Raleigh, NC 27601