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Home My WebLink About20061556 Ver 3_Notice of Violation_20110128~ ~~~. ~ v ~~~ ~~~~ NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director Dee Freeman Secretary January 27, 2011 CERTIFIED MAIL #7008 1300 0000 1102 6391 RETURN RECEIPT REQUESTED CBE Development, Inc. Attn: Mr. Charles B. Gordon, Jr. P.O. Box 327 Clayton, NC 27520 Subject: NOTICE OF VIOLATION NOV-2011-PC-0055 DWQ Project # 06-1556 Lockwood Forest Subdivision 35.3548N, -78.2053W 401 Water Quality Certification Condition Violations Neuse River Riparian Buffer Violation Stormwater General Permit (NCGO10000) Condition Johnston County Dear Mr. Gordon: Q~c~~oe~~ SAN 2 8 1011 DENR • WATER QUALITY WETLANDS AND STORMVYATER BRANCH On September 28, 2009 and November 16, 2010, personnel from the Raleigh Regional Office of the Division of Water Quality (DWQ), Natalie Landry and Lauren Witherspoon conducted site inspections for the tract/project known as Lockwood Forest Subdivision located off of SR 1908 in Wilson Mills, Johnston County, North Carolina. The streams on the site are unnamed tributaries (UT) to Mill Creek, Class WS-N NSW waters in the Neuse River Basin. Accordingly, the following observations were noted during the DWQ file review: Phase I (per 401 WQC Project #06-1556) A Pre-Construction Notification (PCN) dated October 31, 2006 and additional information submitted and received by DWQ on November 13, 2006 on behalf of CBE Development, Inc. -Charles B. Jordan, Jr for Lockwood Forest Phase I. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 14 and the corresponding General Water Quality Certification Number 3404 (GC3404). DWQ issued an approval for the impacts November 14, 2006 (DWQ Project # 06-1556). The 401 Water Quality Certification (DWQ Project# 06-1556) authorizes to place fill or otherwise impact 105 linear feet of stream channel and 3,305 square feet of Zone 1 Neuse River basin riparian buffer and 4,957 square feet of Zone 2 Neuse River basin riparian buffer. In addition, four (4) level spreaders A, B, C and E were depicted on plans received by DWQ on November 13, 2006 were included in this approval. NorthCarolina JVaturaltt~ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-6748 o~ - 1 Ssi~ Resources An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Lockwood Forest Page 2 of 5 Phase IV (per 401 WQC Project #06-1556 Ver. 3) A Pre-Construction Notification (PCN) dated October 31, 2008 and additional information submitted and received by DWQ on November 24, 2008 on behalf of CBE Development, Inc. -Charles B. Jordan, Jr for Lockwood Forest Phase IV. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 14 and the corresponding GC 3704. DWQ issued an approval for the impacts dated December 2, 2008 (DWQ Project # 06-1556 Ver. 3). The 401 Water Quality Certification (DWQ Project# 06-1556 Ver. 3) authorizes to place fill or otherwise impact 58 linear feet of stream channel and 5,173 square feet of Zone 1 Neuse River basin riparian buffer and 4,460 square feet of Zone 2 Neuse River basin riparian buffer. In addition, two (2) level spreaders were depicted (Level Spreader #1 and Level Spreader #2) on plans received by DWQ on October 31, 2008 that were included in this approval. NCGO10000 Construction Stormwater Permit The subject project has an approved Erosion and Sedimentation Control Plan and is covered by a Stormwater general permit (NCGO 10000). A Stormwater general permit is issued upon the approval of an Erosion and Sedimentation Control Plan. This permit applies to projects that receive a Division of Land Resources (or local delegated program) Erosion and Sedimentation Control Plan for land disturbance of 1 acre or greater. Specifically, the stormwater general permit authorizes the discharge of stormwater under the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina Administrative Code 2H.0100. Accordingly, the following observations were noted during the site inspection: Phase I • The outlet pad/dissipator pad does not measure 20 LF or measure 15" deep with Class 1 rip rap as approved in the 401 WQC (06-1556); • The culvert was perched preventing aquatic life movement; • Level spreaders A and B are installed but lack maintenance; • Level spreaders C and E were not observed. Phase IV • The outlet pad/dissipator pad was not observed as approved in the 401 WQC (06-1556 Ver. 3); • Sediment was observed in the stream and the riparian buffer approximately 2 - 10 inches deep at the road crossing; • The slope around the headwall on the upstream side of the crossing is collapsing into the stream; • Level Spreader #1 was observed during the site inspection but Level Spreader #2 was not observed. NCGO10000 Construction Stormwater Permit A copy of the approved Erosion and Sedimentation Control Plan was not observed on the subject site; A rain gauge was not observed on the subject site. As a result of the site inspection and file review, the following violations, described below, are noted: Item I. 401 Water Quality Certification Condition Violations The 401 Water Quality Certification DWQ Project# 06-1556 and 06-1556 Ver. 3 approval letters specify that the activities must follow the conditions listed in the General Water Quality Certifications, as well as additional conditions listed in the letter. Based on site observations and the file review, the following violations of conditions have occurred in the Lockwood Forest Subdivision: Condition 2: No Waste, Spoil, Solids, or Fill of Any Kind (DWQ Project #06-1556 Ver. 3) 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, Lockwood Forest Page 3 of 5 installation, operation, and maintenance for sediment and erosion control Best Management Practices, shall be performed so that no ciolations of state water quality standards, statutes, or rules shall occur. Condition 5: Diffuse Flow (DWQ Project# 06-1556 Ver. 3) All construction 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). Condition 6: Diffuse Flow Measures Approved (DWQ Project# 06-1556) The diffuse flow measures (level spreader designs submitted on November 13, 2006) must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Condition 9: Culvert Installation (DWQ Project# 06-1556) Culvert(s) 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 pitpes 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. Item II. Neuse River Basin Riparian Buffer Violation 15A NCAC 02B .0233 (5) Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. Item III. Stormwater General Permit (NCGO10000) Condition Violation 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 d. Once land disturbance has begun onsite, a copy of the approved erosion and sediment control plan and this NPDES construction permit shall be maintained on the site. Part I, Section B. No. 1-3 1. A rain gauge shall be maintained in good working order on the site. 2. A written record of the daily rainfall amounts shall be retained and all records shall be made available to DWQ or authorized agent upon request (note: if no rainfall occurred, the permittee must record "zero") 3. The control measures shall be inspected to ensure that they are operating correctly. Inspection records must be maintained for each inspection event and for each measure. Paragraph 6 of the Section outlines additional inspection record requirements. At a minimum inspection of measures must occur at a frequency indicated below. a. All erosion and sedimentation control measures must be inspected by or under the direction of the permittee at least once every seven calendar days, and b. All erosion and sediment control measures must be inspected by or under the direction of the permittee within 24 hours after any storm event of greater than 0.50 inches of rain per 24 hour period. Lockwood Forest Page 4 of 5 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 stream and buffer restoration to assist you with the development and submittal of the following: 1. Documentation depicting all jurisdictional features (e.g. streams and buffers). A description and quantification of all the impacts to those jurisdictional features and your plans to avoid further stream and buffer impacts on the site. 2. Explain in your response how and when you anticipate being in full compliance with the 401 WQC. 3. Please provide as-builts for all of the level spreaders on the property. If level spreaders are not currently installed please explain why they were not installed and when you anticipate installing them. 4. Perched pipe -Please explain how you propose to allow for aquatic life movement. Either the pipe will need to be removed and repositioned so that the bottom of the pipe is ~12 inches below the substrate of the stream or you need to install a structure in the stream which should be approved by DWQ. A modification of your 404/401 may be required. 5. Explain in your response how and when you anticipate being in full compliance with the construction stormwater general permit. 6. Please provide photographs of the rain gauge and a copy of the approved Sedimentation and Erosion Control Plan maintained on the site and a written description of where on the site the rain gauge is located. 7. Provide all rain gauge data collected to include the past four months of monitoring through to the date of your written response to this letter. If you do not have data, explain why. 8. Provide inspection records to include the past four months of monitoring records through to the date of your written response to this letter. If you do not have data, explain why. Finally, please explain how you propose to prevent these problems from reoccurring on future projects. Submit Requested Items To: Lauren Witherspoon DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Lockwood Forest Page 5 of 5 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 assesleasencontacpt to $25,000.00 per day for each violation. Should you have any questions regarding these matters, p Lauren Witherspoon at (9l9) 791-4200. ~" / __ _ "! Sincerel , ___ ._=- --Barnny Smrtl Regional S,xtpervtsor Surface V(~ater Protection Section cc: DWQ RRO file copy Katie Merritt -Wetlands, Buffers, Stormwater Compliance and Permits (WBSCP) Unit - 1617 Mail Service Center higt McMillan -Wetlands, Buffers, Stormwater Compliance and Permits (WBSCP) Unit - 1650 Mail Service Center