20081111 Ver 1_Notice of Violation_20110606

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 31, 2011
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CERTIFIED MAIL #7010 2780 0001 4221 5163 p g
RETURN RECEIPT REQUESTED
BSC Holdings Inc.
Attn: Mr. Barry Siegal
3411-D West Wendover Ave
Greensboro NC 27407
CERTIFIED MAIL #7010 2780 0001 4221 5170
RETURN RECEIPT REOUESTED
BSC Holdings Inc.
Attn: Mr. Barry Siegal
PO Box 8306
Greensboro, NC 27419
CERTIFIED MAIL #7010 2780 0001 4221 6016 fENR ? n/J
RETURN RECEIPT REQUESTED
Robinhood Court Apartment Homes LLC
Attn: Mr. Barry Siegal 20??
3411-D West Wendover Ave
Greensboro NC 27407 .t .4
96h.- Ai
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
DWQ# SW4090401 inspection
NOV-2011-PC-0330
Forsyth County
Dear Mr. Siegal:
On May 19, 2011, Sue Homewood, Robert Patterson and Brian Lowther of the Division of Water
Quality (Division) conducted an inspection of Robinhood Court Apartments to determine
compliance with the Stormwater Permit No. SW4090401. According to our records, the first
phase of the facility opened for business in December 2009 and additional phases have continued
to be completed, and buildings occupied, throughout 2010.
The site inspection identified multiple violations and deficiencies with regards to DWQ
Stormwater Permit No. SW4090401 and State of North Carolina Stream Standards.
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
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Natmallty
Page 2 of 7
Mr. Barry Siegal
May 31, 2011
Forsyth County
DWQ Stormwater Permit No. SW4090401:
The Division issued an approval letter for the Stormwater Management Facility on April 14, 2009
and a Modification was approved on October 12, 2009. The approval letter specifies that the
activities must follow the conditions listed in the permit.
1. Condition 11 6 states the following: "Upon completion of construction, prior to issuance of a
Certificate of Occupancy, and prior to operation of this permitted facility, a certification must
be received from an appropriate designer for the system installed certifying that the facility
has been installed in accordance with this permit, the approved plans and specifications, and
other supporting documentation."
• A file review has indicated that an engineer's certification has not been received for
Bioretention Cell #land Bioretention Cell #4. The Division is aware that Bioretention
Cell #1 could not be constructed until it was no longer necessary as a sediment basin.
Discussions with the Forsyth County inspections office has indicated that the project has
been determined to be stable and therefore conversion to a permanent stormwater control
structure must occur immediately.
2. Condition 11.6 of Permit No. SW4090401 states the following: "the facilities shall be
constructed as shown on the approved plans." The following violations were noted during
the site inspection:
• Bioretention Cell #4 was not located as shown on the approved plans.
• The vegetated filter strip at Bioretention Cell #4 does not appear to be the approved
length.
• There was no evidence of a trench drain around the tennis court as shown in the approved
plans to direct runoff to Bioretention Cell #4.
• Bioretention Cell #4 was missing the forebay as indicated in the approved plans.
• The roof drains behind building 7 do not drain to the infiltration trench as indicated on
the approved plans.
• The outlet structure (weir) of Bioetention Cell #3 appears to be at a similar elevation as
the planting elevation and therefore not providing the approved storage volume/ponding
depth.
• The vegetated filter strip at Bioretention Cell #3 does not appear to be the approved
length.
• The underdrain appears extend into the forebay of Bioretention Cell #3, which may allow
the runoff to bypass the filter media.
• The vegetation present in Bioretention Cell #2 and #3 does not match the approved
planting plans.
• Observation wells were not present in all locations within Infiltration Trench #1 or
Infiltration Trench #2.
Condition 11.3 of Permit No. SW4090401 states the following: "The permittee shall at all
time provide the operation and maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency. The following maintenance violations were noted
during the site inspection:
0 There are areas within Bioretention Cell #2 that do not have sufficient vegetation.

Page 3 of 7
Mr. Barry Siegal
May 31, 2011
Forsyth County
• There are areas of built up debris within Bioretention Cell #2, particularly at the outlet
area.
It appears that the elevations in Bioretention Cell #2 are causing the cell to overflow
across a low point in the -perimeter ben-n rather than via the desit,,ned outlet.
• Perimeter slopes of Bioretention Cell #2 are insufficiently vegetated.
• The forebay of Bioretention Cell #2 is clogged with sediment and vegetation.
Page 4 of 7
Mr. Barry Siegal
May 31, 2011
Forsyth County
Infiltration Trench #3 has received excessive sedimentation from erosion of the inlet
swale.
Infiltratio
• The vegetated filter strip below Infiltration Trench #3 is being bypassed by flow on both
sides.
• Portions of Infiltration Trench #1 and Infiltration #2 have been impacted by sediment
which may be clogging the media.
• A portion of Infiltration Trench #2 has been breached and has been inappropriately
repaired with riprap. The trench is no longer providing the approved storage volume.
• Slopes up-gradient of Infiltration Trench #1 and Infiltration #2 are insufficiently
vegetated.
Page 5 of 7
Mr. Barry Siegal
May 31, 2011
Forsyth County
Stream Standard Violations:
Specifically, 15A NCAC 2B.0216 which references 15A NCAC 2B .0211 (3)(0 which
states: 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; for the purpose of implementing this Rule, oils,
deleterious substances, colored or other wastes shall include but not be limited to
substances that cause a film or sheen upon or discoloration of the surface of the water or
adjoining shorelines pursuant to 40 CFR 110.4(a)-(b) which are hereby incorporated by
reference including any subsequent amendments and addition. The site investigation
confirmed that as a result of the construction activities and subsequent failure of slopes
behind buildings 7, 8 and 9 and below Infiltration Trench #2 sediment has been deposited
in the stream. Approximately 200 feet of stream impacts to an unnamed tributary to
Muddy Creek occurred as a result of the land disturbing activities at the subject site.
These impacts represent a stream standard violation.
Page 6 of 7
Mr. Barry Siegal
May 31, 2011
Forsyth County
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receipt of this
Notice. Your response should be sent to both this office at the letterhead address and to the
attention of Mrs. Karen Higgins at the Wetlands and Stormwater Branch, Wetlands, Buffers,
Stormwater Compliance and Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617. Your response should address the following items:
Please clearly indicate what efforts you have taken to stabilize the site to prevent off-site
sedimentation. The site inspection noted that the silt fence adjacent to the stream on the
slope behind buildings has not been maintained and that the slope is not stable.
Regardless of the status of an approved erosion control plan, this issue should be
addressed immediately in order to avoid additional stream standard violations. In
addition, the area adjacent to the failed Infiltration Trench #2 should be
immediately stabilized until repaired and restored.
2. The site inspection noted that the remaining sediment basin has not been recently
maintained. During the inspection staff noted the basin was extremely full, the skimmer
did not appear to be working properly to drain the basin, and the outlet pipe could not be
located to inspect for any signs of clogging. The basin should be maintained and repaired
immediately. Failure of the sediment basin will result in multiple stream standard
violations.
3. An engineer's evaluation of all items listed as violations of Condition 11.6 of Permit No.
SW4090401 above.
4. A comprehensive corrective action plan to address all items listed as violations of
Condition 11.3 of Permit No. SW4090401.
5. An engineer's certification for Bioretention Cell #4.
Page 7 of 7
Mr. Barry Siegal
May 31, 2011
Forsyth County
Thank you for your attention to this matter. 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. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. 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 Sue Homewood at 336-771-4964
or myself at 336-771-5000.
Sincerely,
"Atqtl/?X'ak-r-
W. Corey Basinger
Water Quality Regional Supervisor
Winston Salem Regional Office
cc: Michael Westcott, Westcott, Small & Assoc. (via email)
Wayne Freeman, BCS Holdings (via email)
Jeff Kopf, Winston-Salem/Forsyth County Inspections Division (via email)
Wetlands, Buffers, Stormwater Compliance and Permitting Unit
DWQ-WSRO