20051055 Ver 1_Notice of Violation_20100504

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 28, 2010
CERTIFIED MAIL #7009 0080 0000 9764 9591 CERTIFIED MAIL #7009 0080 0000 9764 9607
RETURN RECEIPT REQUESTED RETURN RECEIPT REOUESTED
Mr. Lanny K. Clifton Mr. John C. Johnson Jr.
Son-Lan Development Co., Inc. Registered Agent
88 Son Lan Parkway 5160 NC 42 West
Garner NC 27529-7815 Garner NC 27529
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2010-WQ-0029
DWQ Project # 20051055 Rig ?????
Summerset Place Subdivision
401 Water Quality Certification Condition
Wetlands Standards 1.4AY 4 2010
Neuse Buffer - Diffuse Flow
Johnston County
MLM AND N ,AK.J4
Dear Sirs:
On April 20, 2010, Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ)
conducted a site inspection for the tract/project known as Summerset Place Subdivision on Steel Bridge Road,
Johnston County, North Carolina. The stream on the site is an unnamed tributary (UT) to Swift Creek, Class C
NSW waters in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ inspection and file review:
Mr. Neal Floyd of Neal Floyd & Associates, Inc. submitted a Pre-Construction Notification (PCN) and
supplemental information on or about June 10, 2005 on behalf of the property owner, Son-Lan Development
Company, Inc. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 14 and the
corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on August 8, 2005,
DWQ Project# 20051055.
The 401 Water Quality Certification DWQ Project# 20051055 authorizes the placement of fill within or otherwise
impact 0.47 acres of wetlands, 108 feet of streams and 9,754 square feet (ft') of Zone 1 and 4,766 square feet
(ft-)of Zone 2 protected riparian buffers for the purpose of constructing a road crossing for a residential
subdivision at the subject project, as described within your application dated June 1, 2005 and received by the
N.C. Division of Water Quality on June 10, 2005 with additional information received July 25, 2005.
DWQ observations during the April 20, 2010 site inspection show that approximately 700 square feet of wetland
is excavated to form a sediment trap and partially filled with riprap without prior DWQ approval. In addition,
NorthCarolina
JVatmrally
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
Page 2
Summerset Place Subdivision
level spreaders #1, 2 and 3 were not observed and level spreader #4 was constructed in the wetland. Refer to
Sheet 2 of 2 in the PCN for appropriate locations of level spreaders. Erosion was observed on the upstream side
of the headwall. Two additional sediment traps with level spreaders were observed north of the crossing but away
from any jurisdictional waters.
As a result of the site inspection and file review, the following violations, described below, are noted:
1. 401 Water Quality Certification Condition Violation
II. Wetlands Standards
M. Neuse Buffer - Diffuse Flow
Item I. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project# 20051055 approval letter specifies that the activities must
follow the conditions listed in the General Water Quality Certification, as well as additional conditions listed in
the letter. Based on site observations and the file review, violations of conditions 1, 4 and 8 occurred on the
Summerset Place Subdivision.
Item II. Wetlands Standards
15A NCAC 02B.0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
y,) laydfoltkg ira)<coriditions necessary to support the biological and physical characteristics naturally
pres-ent in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water.levelsror elevations.
Item III. Neuse Buffer - Diffuse Flow
Diffuse flow was not maintained in the Neuse buffer in violation of 15A NCAC 02B .0233 (5) which reads as
follows:
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and
reestablishing vegetation.
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 buffer and wetland restoration to assist
you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams, wetlands, and buffers). A description
and quantification of the impacts to those jurisdictional features and your plans to avoid further stream,
wetland, and buffer impacts on the site.
2. Wetland Restoration Plan- All excavated areas located within wetlands must be backfilled, returned to
natural grade and stabilized with a thick vegetative cover. Also, any fill placed in wetlands must be
removed. Please thoroughly discuss your plans for backfilling all excavated areas that are in or adjacent
to wetlands on the site. Also, 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.
Page 3
Summerset Place Subdivision
3. A Riparian Buffer Restoration Plan to this office for review and approval. Please clearly indicate the site
conditions as they currently exist and how you propose to restore diffuse flow in the riparian buffer. You
must comply with the plans in the approved 401 Water Quality Certification.
4. Permit Application - If you wish for any impacts to remain in place, you must contact the U.S. Army
Corps of Engineers (USAGE) and the DWQ to modify your current 404 and 401 permits.
Include a detailed implementation schedule with dates explaining when the restoration will be
accomplished. This schedule should include a three-year monitoring plan to ensure that the wetland is
restored. 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.
Finally, please explain how you propose to prevent these problems from reoccurring on future projects.
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].
t ce ly,
nny Smit
Regional S ervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO - Land Quality (Christina Thomas)
John Hennessy, NPS Assistance and Compliance Oversight Unit
USACOE, 3331 Heritage Trade Drive, Ste 105, Wake Forest, NC 27587
Ian McMillan, 401 Oversight/Express Review Permitting Unit
Jamie Guerrero, Johnston County Public Utilities, P.O. Box 2263, Smithfield, NC 27577
Neal Floyd, Neal Floyd & Assoc., 7908 Audubon Dr., Raleigh, NC 27615
Michael F. Easley, Governor
William G. Ross Jr., Secretary
[ North Carolina Depsrtmeat of Environment and Natural Resources
-I
Alan W. Klimek, P.E. Director
Division of Water Quality
August 8, 2005
DWQ Project # 20051055
Johnston County
Son-Un Development Company, Inc.
5160 NC 42 West
Garner, NC 27529
Subject Property: Summerset Place Subdivision, Clayton, NC
UT to Swift Creek [03-04-02, 27-43{8), C, NSW (nutrient sensitive)]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.47 acres of wetlands, 108 feet of streams and 9,754 square feet (ft) of Zone
1 and 4,766 square fat (ft) of Zone 2 protected riparian buffers for the purpose of constructing a road
crossing for a residential subdivision at the subject property, as described within your application dated
June, 1, 2005 and received by the N.C. Division of Water Quality (DWQ) on June 10, 2005 with
additional information received July 25, 2005. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of
Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depleted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
Projoct, You WM4 notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre responsible
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
cerofication and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or lsolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
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Son-Lan Development Company, Inc.
Page 2 of 4
August 8, 2005
Amount Approved nits Plan Location or Reference
Stream 108 feet Sheet 2 of 2
404 Wetlands 0.47 acres
Buffers - Zone 1 9,754 (square ft. Sheet 2 of 2
Buffers - Zone 2 1 4,766 (squam ft. Sheet 2 of 2
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
3. Buffer Impacts
The approved buffer impacts associated with the road crossing equal 14,520. The Neuse Buffer
Rule requires buffer mitigation for road crossings that exceed 150 linear fed or exceed 1/3 acres of
buffer impacts. The impact area includes the area of the footprint of the use and any clearing and
grading activities within the riparian buffer necessary to accommodate the use. The length of buffer
impact is measured parallel to the stream and includes the length of the footprint of the use and any
clearing and grading activities within the riparian buffer necessary to accommodate the use. If the
DWQ determines that the impacts exceed 150 feet or 1 /3 acre to the buffer, then buffer mitigation
pursuant to 15A NCAC 02B .0233 will be required for the entire impact area.
4. 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 re-concentrate
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.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B .0233 and GC 3404.
Son-Lan Development Company, Inc.
Page 3 of 4
August 8, 2005
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the pmject. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit (applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htm: //h2o. enr state nc us/su/Fornrs Documents htm.
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
8. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
9. No Sediment dt Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), You may ask for an adjudicatory hearing. You roust act within 60 days of the date that
Son-Lan Development Company, Inc.
Page 4 of 4
August 8, 2005
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Deborah Edwards at 919-733-1786.
incerely, A64
1 11
ranW.limek, P.E.
AWK/cbk(dae
Enclosures: GC 3404
Certificate of Completion
cc: Neal Floyd, 7908 Audubon Drive, Raleigh, NC 27615
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: S:\2005 Correspondence420051055 Summerset Place SD (Johnston) 401 NBR.doc
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