20061798 Ver 6_Compliance Inspection Letter_20101206

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Summerwind Plantation, LLC
Attn: Mr. Ronald J. Mikesh
12620 Port Chester Court
Raleigh, NC 27614
December 6, 2010
Subject: Response to October 20, 2010 meeting and October
25 and November 12, 2010 Memos from Spangler
Environmental
Summerwind Plantation
DWQ#06-1798
Johnston County
Dear Mr. Mikesh:
On October 20, 2010, N.C. Division of Water Quality (DWQ) and Division of Land Resources (DLR)
personnel from the DWQ Raleigh Regional Office and Central Office met with Summerwind Plantation,
LLC agent, James Spangler of Spangler Environmental to discuss the outstanding violations resulting
from construction activity at the Summerwind Plantation site. During the meeting, I communicated that
full compliance with Federal Permit(s), the National Pollution Discharge Elimination Systems (NPDES)
Construction Stormwater Permits (NCGO10000), and the State issued 401 Water Quality Certification
(DWQ #06-1798) and Riparian Buffer Authorization and relevant surface water standards is a
prerequisite for any site.
Since the October 20th meeting, the following correspondences have occurred.
Correspondence dated October 25, 2010, indicating the following from Mr. Spangler:
-Upon notice of concurrence by NC DENR, Summerwind would provide a detailed plan and
construction sequence.
-This more detailed plan shall be reviewed by NC DENR.
-Upon notice of concurrence by NC DENR, Summerwind will implement the strategies with the intent
to immediately undertake repairs.
On November 9, 2010, DWO responded in writing to the above mentioned October 25, 2010
correspondence with following:
- DWQ provided edits and adjustments to language/items set forth in the October 25, 2010 letter.
-Also this DWQ response letter reiterated the following:
"Please note it is the expectation of the Raleigh Regional Office that Summerwind Plantation complies
will all permits, certifications and State Standards (e.g. NPDES Construction Stormwater General
Permit, 401 Water Quality Certification, Buffer Authorizations, stream and wetlands standards etc.)."
hCarolina.
Ntmrally
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, LLC
December 6, 2010
Page 2
Correspondence dated November 11, 2010, indicating the following from Mr Spangler:
-In this response letter, items detailed in the November 9, 2010 letter were agreed to, changed with edits
or items were chosen to be held in "abeyance."
-It was also explained to DWQ, that "once we [Summerwind] get confirmation that we can move
forward with on-site work as proposed herein and in the forthcoming detailed action plans, we will
commence work."
Please understand, the RRO has issued a Notice of Violation, has had a sheriff attempt to deliver
correspondence to Summerwind, has meet with you, assessed a civil penalty and has requested that the
Attorney Generals Office file an Injunction Relief petition. All of these efforts have failed thus far to
affect compliance at this site. DWQ still does not have a restoration plan despite 24 months of
inspections, requests and legal actions.
Please understand that a written correspondence and terms identified by you/your consultant explaining
when you are willing to begin to come into compliance does not change Permit Conditions, monitoring
requirements, stream standards, Division of Land Resources expectations nor does it change the
requirement of the 401 Water Quality Certification. The expectation is that you comply and maintain
compliance with your permit, certification and standards that are in place.
By copy of this letter this office is notifying you of a Compliance Evaluation Inspection that is
scheduled for December 21, 2010 on the subject tract. Please plan to attend or have your consultant
attend. By copy of this letter we are requesting that your monitoring records, inspection records and
rainfall records be available on site at 10:00 a.m. for this inspection. This advance notice is to give you
all possible formal advanced notice such that you may be able to affect compliance at this site. The
compliance status of the site will be reviewed such that continuing violations may be appropriately
addressed.
Please understand, on-site and off-site impacts have been documented and DWQ expects these sites to
be restored and/or appropriate permits/modifications be secured for the impacts. Please submit a
restoration plan to address the impacts to jurisdictional waters and buffers and a permit modification for
any permittable impacts you are requesting. (Please note that the deposition of sediment is an
unpermittable activity that has to be remediated.) You may submit a phased-Plan that only addresses
impacts on the footprint of the Summerwind site for the first phase, but note that DWQ expects
Summerwind to submit an additional Plan to address off-site impacts.
Thank you for your attention to this matter. Should you have any questions regarding these matters,
please contact Natalie Landry at [phone].
$incerel ,
f C '
Danny Smit
Raleigh R, ional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
DWQ RRO--file copy
Ian McMillan, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
DLR RRO-- Thad Valentine
Thomas Brown, Raleigh Regulatory Office, USACE
Brenda Menard, NCDOJ, PO Box 629, Raleigh, NC 27602
James Spangler, Spangler Environmental, Inc., 4338 Bland Rd., Raleigh, NC 27609