20050310 Ver 1_Notice of Violation_20110112

NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 12, 2011
CERTIFIED MAIL #7008 1300 0000 1109 4871
RETURN RECEIPT REQUESTED
South East Development of NC, LLC
Attn: Julian R. Stewart
PO Box 369
Clayton, NC 27528
0s - o;_ 1 0
Resources
Dee Freeman
Secretary
1@@&w'@
JA /V 13 2011
??CH
Subject: NOTICE OF VIOLATION
NOV-2011-PC-0032
Sierra Heights-Phase I
Sierra Heights Subdivision-Additional Entrance Improvements
Sierra Heights Subdivision-Phase 2 Amended Plan
36°37'36"N, -78°22'5"W
Construction Stormwater NCGO10000 Permit Conditions
Neuse River Basin Buffer Rules
Johnston County
Dear Mr. Stewart:
On November 3, 2010, Natalie Landry from the Raleigh Regional Office (RRO) of the Division of Water
Quality (DWQ) conducted a site inspection for each of the projects known as Sierra Heights-Phase I,
Sierra Heights Subdivision-Additional Entrance Improvements and Sierra Heights Subdivision-Phase 2
Amended Plan located off of Vinson Road in Johnston County, North Carolina. The streams on the sites
are unnamed tributaries (UT) to the Neuse River, Class C NSW waters in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ inspections and file reviews:
The site disturbance for each project is greater than an acre and each has an approved Erosion and
Sedimentation Control Plan from the Division of Land Resources (DLR); and therefore subject to the
NPDES Construction Stormwater General Permit No. NCGO10000.
During the site inspections, DWQ staff found no erosion and sedimentation control plan for the projects
on site. A rain gauge was observed during the inspection. Rain gauge records and inspection records
from 2009 were on site during the time of the inspection; however, no recent records were found and
therefore were not reviewed during the inspection.
During the site inspection of Phase 1, DWQ staff observed sediment deposition in Zone 2 of the Neuse
River Basin Protected Riparian Buffer below temporary sediment trap (TST) #16, #17 and another TST
One
NorthCarolina
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
Sierra Heights Subdivision Phases 1 & 2
And Additional Entrance Improvements
January 12, 2011
Page 12
not shown on the approved plan. Approximately 3,750 square feet of sediment has been lost outside the
limits of disturbance.
TST #5, #6, #7 and #8 are not being maintained. There is an erosional gully on the slope above the
downstream side of the headwall. The weir for the basin situated at the location of the proposed new
entrance is in disrepair. The stormwater discharge from this weir is resulting in concentrated flow into the
Neuse River Basin Protected Riparian Buffer. During the inspection of Phase 2, staff observed that a silt
fence is overwhelmed with sediment and approximately 2,500 square feet of sediment has been lost
outside the limits of disturbance.
DLR issued a Sedimentation Inspection Report for Sierra Heights Subdivision-Phase 2 on September 21,
2010 that stated the site is in compliance with the Sedimentation Pollution Control Act and rules and
commented that DLR must be notified prior to commencing land disturbing activities.
As a result of the site inspections and file reviews, the following violations, described below, are noted:
Construction Stormwater General Permit NCGOl000O Permit Conditions
Part II, Section B. No. 12
Projects and their corresponding activities permitted under the previous version of the NC general permit
for construction activities are covered under this general permit. The requirements for these projects are
the same as those previously required in the general permit until the project is completed or terminated.
Part I, Section A. No. 2
The permittee shall implement the plan, which has been approved by the approval authority. The
approved plan is considered a requirement or condition of this general permit. Deviation from the
approved plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions
of this general permit except that deviation from the approved plan will be allowed (1) to correct an
emergency situation where sediments are being discharged off site or (2) when minor modifications have
been made for the purpose of improving the performance of the erosion and sedimentation control
measures and notification of the minor modifications has been made to the Division of Land Resources
(or approved local program). Such a deviation from the approved plan shall be noted on the approved
plan maintained on the job site. During active construction, a copy of the approved plan shall be
maintained on the site.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30
days of receipt.
As listed above, the NCGO10000 construction stormwater general permit requires inspection and record
keeping requirements for the project site. Your response should address the following items.
1. Please detail the events that resulted in non-compliance with the above-mentioned NPDES
NCGO10000 permit conditions.
2. Please explain when you anticipate being in full compliance with the Construction Stormwater
Permit and your approved Erosion and Sediment Control Plan.
Please provide information detailing your compliance with the minimum monitoring and
reporting requirements as required in the NPDES NCGO 10000 stormwater permit for the
projects. This information must include monitoring records through to the date of your written
response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge
data and weekly inspection/monitoring reports related to your inspections of the approved
sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding

Sierra Heights Subdivision Phases 1 & 2
And Additional Entrance Improvements
January 12, 2011
Pa?rc 13
inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to
provide this information will constitute violations of the subject NPDES NCGO 10000 stormwater
permit.
4. Finally, you should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and 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]. ,
inc rely,
anny Smi
Regional upervisor
Surface ater Protection Section
Enclosure (NPDES NCGO10000 Construction Stormwater General Permit and Cover Sheet)
cc: DWQ RRO file copy
DLR RRO, Christina Thomas
John Hennessy, NPS Assistance and Compliance Oversight Unit
fan McMillan, Wetlands Permitting Unit