20061798 Ver 6_Notice of Violation_20110124

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 24, 2011
CERTIFIED MAIL #7008 1300 0000 1102 6155
RETURN RECEIPT REQUESTED
Summerwind Plantation, LLC
Attn: Mr. Ronald J. Mikesh
1402 Chester Road
Raleigh, NC 27608
Dee Freeman
Secretary
Subject: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2011-PC-0051
Summerwind Plantation Phases 1 A & 1 B and Lots
DWQ Project# 06-1798 Ver. 6
35.6146 N, - 78.5720 W
401 Water Quality Certification Condition Violation
Other Waste (In-Stream Sediment)
Removal of Best Usage
Johnston County
Dear Sir:
On December 21, 2010, Natalie Landry and Danny Smith from the Raleigh Regional Office of the
Division of Water Quality (DWQ) conducted a site inspection for the tract/project known as
Summerwind Plantation Phases lA & 1B located off of Glen Road, Johnston County, North Carolina.
The streams on the site are unnamed tributaries (UT) to Swift Creek and Swift Creek, all Class C NSW
waters, in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ inspection and file review:
DWQ issued a Notice of Violation, Recommendation for Enforcement and Intent of Enforce Injunctive
Relief for the subject property on July 17, 2009. As a result of the site inspection and file review at that
time, the following violations were noted: Stormwater General Permit (NCGO10000) Condition
Violation, 401 Water Quality Certification Condition Violation, Removal of Best Usage and Other
Waste (in-stream sediment).
On February 12, 2008 Phil May of Carolina Ecosystems, Inc. submitted aPre-Construction Notification
(PCN) to the DWQ on behalf of Ron Mikesh, Summerwind Plantation, LLC. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permits 14, 18 and 29 and the corresponding
General Water Quality Certifications 3704 and 3705. On September 15, 2008 DWQ issued an approval
(DWQ# 06-1798, Ver.6) that authorized impacts to 0.12 acre of wetland, 165 linear feet of perennial
stream, 0.01 acres of open water (pond) and 14,324 square feet of Zone 1 Neuse River basin protected
riparian buffers and 10,125 square feet of Zone 2 Neuse River basin protected riparian buffers~,s
described in the PCN. No hCarolina
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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]
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Summerwind Plantation, LLC
January 24, 2011
Page 2
In addition, the site inspection showed the following field conditions. The referenced Impact Area
numbers are taken from the site drawings, dated 2/7/08, submitted by Wetherell Engineering as part of
the PCN.
• Impact Area #2 (road crossing): Impacts to stream bank and bed from road construction for
approximately 90 linear feet.
• Impact Areas #3, 4, 5 (Ut to Swift Creek, north and mostly parallel of Colonial Pipe line
easement): Check dam constructed in stream for approximately l O linear feet at Impact Area #4.
Concentrated flow in buffer below erosion control traps SB9 and SB9A.
• Impact Area #5 (culvert road crossing): Sediment loss into buffer and stream, upstream of
culvert crossing. Sediment loss from site has moved downstream to another property.
• Impact Area #6 (aerial crossing of sanitary sewer): Impacts to the stream bank the from aerial
line construction resulting in unstable, eroding banks for approximately 40 linear feet on right
bank and approximately 20 linear feet on left bank.
On December 21, 2010, rainfall records and BMP and stormwater outfall inspection records were
submitted by Spangler Environmental and reviewed by DWQ. The rainfall records did not record daily
rainfall amounts as required by the permit conditions. The records also did not include monitoring of all
BMPs and stormwater outfalls as required by the permit conditions.
On January 20, 2011, a remediation plan was submitted by Ron Mikesh and reviewed by DWQ. The
plan was not satisfactory. Please address items in Requested Response section of this letter and
resubmit remediation plan for review.
As a result of the site inspection and file review, the following violations are detailed below:
Item I. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project # 06-1798 Ver. 6 approval letter specifies that the
activities must follow the conditions listed in the General Water Quality Certifications as well as
additional conditions listed in the letter.
Condition 2 of the 401 WQC states that:
No waste, spoil, solids, or fill of any kind shall occur in wetlands, water, 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.
Condition 4 of the 401 WQC states that:
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, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in des-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural
grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
Condition 6 of the 401 WQC states that:
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 the stream as identified within 15A NCAC
2B .0233(5). If this is not possible, it may be necessary to provide stormwater facilities

Summerwind Plantation, LLC
January 24, 2011
Page 3
that are considered to remove nitrogen. This may require additional approval from this
office.
Item II. Other Waste (In-stream sediment)
15A NCAC 02B .0211 (3)f
Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the
palatability of fish, aesthetic quality or impair the waters for any designated uses;
Item IV. Removal of Best Usage
15A NCAC 02B .0211 (2)
The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these
uses on either ashort-term or long-term basis shall be considered to be violating a water quality
standard.
Requested Response
You are directed to respond to this letter in writing within 20 days of receipt. You are also encouraged
to secure a consultant who specializes in stream permitting and restoration to assist you with the
submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and buffers). A description and
quantification of the impacts to those jurisdictional features and your plans to avoid further
stream and buffer impacts on the site.
2. Please explain in your response when and how you anticipate achieving compliance with the 401
Water Quality Certification conditions.
3. Please submit the following documents for review and approval:
a. Stream Restoration Plan (bridge and aerial line construction impacts) -Please explain how
you plan to restore the pattern, profile and dimension of the impacted stream channels to
include stabilization of the bed and bank.
b. Stream Restoration Plan (sediment impacts) -Sediment impacts to the Neuse River Basin
Protected Riparian Buffer and the streams onsite and downstream of the site must be
removed. As a part of this plan, you should provide the amount (depth) of material that has
been deposited in the floodplain, buffer, stream and any wetlands. This information should
be depicted on a map you provide. It is recommended that you use hand labor (buckets,
shovels and wheelbarrows) to remove deposited sediment from the stream channel. The
sediment should be removed from the channel, taken to high ground away from the stream
channel and stabilized. Also, the plan must address the measures that will be used for
temporary stabilization/sediment control while this work is under way.
5. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished.
6. It is required that you contact the Division of Land Resources and the U.S. Army Corps of
Engineers. These contacts are necessary to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean
Water Act.

Summerwind Plantation, LLC
January 24, ?011
Page 4
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. This office is forwarding a civil penalty recommendation
for assessment consideration and proceedings with injunctive relief procedures through the Attorneys
Generals Office. Your response to this matter will be considered in this process. Please respond within
20 days of receipt of this notice. Should you have any questions regarding these matters, please contact
Natalie Landry at [phone].
S' cerel ,
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Danny Smith
Raleigh Re 'onal Supervisor
Surface W ter Protection Section
cc: DWQ RRO-file copy
Thad Valentine - DLR RRO
Thomas Brown, Raleigh Regulatory Office, USACE
McMillan, WBSCP, DWQ, 1650 MSC, Raleigh, NC 27699
~ki Maher, WBSCP, DWQ, 1617 MSC, Raleigh, NC 27699
Jamie Guerrero, Johnston County Public Utilities, P.O. Box 2263, Smithfield, NC 27577