20100996 Ver 1_Notice of Violation_20101203

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 3, 2010
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Peter Devries
Geoscience and Technology, P.A.
2050 Northpoint Drive
Winston-Salem, NC 27106
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Dee Freeman
Secretary
Subject: 401 Water Quality Certification application and proposed resolution to Notice of Violation
(NOV) 2010-OP0039 for the Susan Dusenbury Project on Brook Cove Road in Walnut Cove,
Stokes County, NC.
Dear Mr. Devries:
The NC Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification and
Violation Resolution for Notice of Violation (NOV) 2010-OP0039 for the aforementioned project.
Review of your application revealed it lacking necessary information required for making an informed
permit decision, as well as for a resolution the NOV. The permit application and NOV resolution were
deficient in the following areas:
1. Wetland fill removal:
a. The depth of material to be removed needs to be recorded on the plans for all wetland sites, or
alternatively the removal directed on-site by GeoScience, or other qualified environmental
professional. If the land owner chooses the second alternative, we need a letter from the
landowner verifying that a qualified environmental professional will be on-site to direct fill
removal.
b. Slopes for the transition between wetland and uplands need to be clearly depicted on the plan
sheets.
2. Vegetation to be reestablished in riparian areas:
a. Tall fescue cannot be planted in jurisdictional stream (including immediate banks and
floodplains) and wetland areas.
b. A native riparian seed mix is required for jurisdictional areas.
c. Please update the plans and the narrative to reflect this.
d. For the trees to be replanted at Wetland 3, please provide text on the plans to show the required
plantings, including the type and density.
3. Stream bank matting:
a. Coir fiber matting or another type of biodegradable matting shall be used on the stream banks.
b. Please update the plans and the narrative to reflect this.
4. Unnamed Tributary 1
a. Provide a pattern profile including the slope of the channel from the start of the impacted channel
until where UT1 ties into the restored wetland.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748
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Naturally
b. Provide cross veins or rock sills to prevent headcuts where the upstream portion of UT1 ties into
the restored channel. Please provide construction details for any proposed instream structures.
c. Provide a blow up of the restored channel at a scale that is small enough to ensure exact location
and radius of meanders of the new channel.
d. Discuss the construction sequence in more detail for channel restoration and pipe removal. Our
concern is that you will not be able to cross the restored channel once water has been diverted
into it to remove the pipe.
e. Wetland fill north of UT 1 shall be removed and seeded prior to any work on the restored channel
for UT 1. Please adjust the construction sequence to reflect this.
5. Unnamed Tributary 2
a. Provide a pattern profile including the slope of the channel for BOTH the upstream portion of the
channel to be restored AND the downstream portion to be restored.
b. Provide a blow up of the restored channel at a scale that is small enough to ensure exact location
and radius of meanders of the new channel.
c. Please include a proposal for removing and resetting the pipe, and/or provide a proposal for
stepping down the change in elevation from the pipe outlet to the original stream bed elevation,
using natural channel design methods (i.e. cross veins, rock sills, and log sills). The Division will
require proper pipe burial per General Certification 3821 unless justification can be provided
otherwise.
d. Discuss the addition of a plunge pool or natural design method as an alternative to the rip rap pad.
If the rip rap pad is used, the rip rap shall be placed in a manner that does not impede aquatic
passage. Please note on the plans any construction techniques necessary, to ensure that the rip rap
pad is placed appropriately.
6. Unnamed Tributary 3
a. Provide pattern profile including the slope of the channel.
b. Provide a cross section plan detail, like you provided for UT 1 and UT 2.
In general, the plans need to clearly depict the work to be performed. The contractor needs to be able to
work solely from the plans. If any text is included in the project narrative that is essential for
construction, it needs to be clearly labeled on the plans.
Therefore, pursuant to 15A NCAC 2H.0507(a)(5), we will have to place the permit application on hold
until we are supplied the necessary information. You have 21 days to respond in writing with the
requested information or notification to this office, the 401 Permitting Unit at 1650 Mail Service Center,
Raleigh, NC 27699-1650, and the NPS Assistance and Compliance Oversight Unit at 1617 Mail Service
Center, Raleigh, NC 27699-1617 that the information is forthcoming. If, at the end of the 21 days, this
office has not received this information in writing, we will assume you are withdrawing your application
and it will be returned. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit
application on hold.
Also, the resolution to the NOV will not be approved until the aforementioned information is provided.
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. This
office requires that the violations, as detailed above, be abated immediately and properly resolved.
While agreeing to voluntarily restore environmental damage associated with any violation(s) and /or
undertake any activities to bring your site back into compliance does not constitute admission of having
committed a violation, action must be taken to correct the violation(s). Pursuant to G.S. 143-215.6A,
these violations and any future violations are subject to a civil penalty assessment of up to a
maximum of $25,000.00 per day for each violation. Your above-mentioned response to this
correspondence, the degree and extent of harm to the environment and the duration and gravity of the
violation(s) will be considered in any civil penalty assessment process that may occur.
If you have any questions or require additional information, please contact Amy Euliss at [phone].
Sincerely,
Coleen H. Sullins
Director
cc: Susan Dusenbury, 1374 Brooke Cove Road, Walnut Cove, NC 27052
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Ryan Swaim, NC Division of Land Resources, WSRO
Ron Linville, NC Wildlife Resources Commission
Wetlands/ 401 Permitting Unit
NPS Assistance and Compliance Oversight Unit
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