20041323 Ver 1_Notice of Violation_20100613

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 13, 2010
CERTIFIED MAIL #7010 1870 0001 3423 0605
RETURN RECEIPT REOUESTED
Oak Park Associates, LLC
Attn: Douglas S. Jones
1207 Roseneath Road
Richmond, VA 23230
Subject: NOTICE OF VIOLATION
NOV-2011-PC-0360
Oak Park Phase I (formerly Edwards Property)
DWQ Project #04-1323
Removal of Best Usage
401 Water Quality Certification Violation
Franklin County
Dear Sir:
On May 9 and June 7, 2011, Natalie Landry from the Raleigh Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection of the Subject track/site known as Oak Park Phase I and
formerly known as Edwards Property on Hicks Road in Franklin County, North Carolina. The streams on
the site are unnamed tributaries (UT) to Cedar Creek, Class WS-II HQW NSW CA and to Brandy Creek,
Class C NSW in the Tar-Pamlico River Basin.
Accordingly, the following observations were noted during the site inspection and file review: DWQ
observations during the May 9, 2011 site inspection show that the forebay for level spreader at
stormwater pipe FES #41 is full of sediment and the level lip is breached and in need of maintenance. In
addition, the stormwater from stormwater pipe FES #40 is discharging at a velocity that is continually and
severely eroding the soils of the drainage feature and stream below.
Photo 2 Erosion of stream below stormwater
pipe FES-40.
Nor hCarolina
Natumlly
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
Photo 1 Erosion of drainage feature below
stormwater pipe FES-40.
Page 2
Oak Park Phase 1 (formerly Edwards Property)
DWQ inspected compliance with the energy dissipater designs in the approved 401 Water Quality
Certification plans during the June 9, 2011 site inspection. The following are the observations made by
staff during the inspection.
FES-1 dissipater measured 13'L x 10' W and was full of sediment (Design dimensions: 9' Lx5' Wx 18"D).
FES-10 dissipater was not observed and may have been buried under sediment and vegetation (Design
dimensions: 9'x5'x 18").
FES-17 dissipater currently discharges into a temporary sediment basin and no dissipater was installed
(Design dimensions: 20'x8x24"). Erosion & Sediment Control Plan also shows dissipater pad.
FES-30 and -31B dissipaters were discharging into a temporary sediment basin and no dissipaters were
installed. Severe erosion was observed around each outlet. (Design dimensions: 20'x6'x36" and 3'x2'x
18"). Erosion & Sediment Control Plan also shows dissipater pad.
FES-40 dissipater measured 24'x20' (Design dimensions: 35'x11'06").
FES-41 dissipater measured 12'x9' and was full of sediment (Design dimensions: 9'x5'x18").
FES-63 and -64 dissipaters could not be located but no development had occurred in this area except for
the sanitary sewer (Design dimensions: 12'x6'x24" and 3'x2'x18").
DWQ appreciates previous efforts to comply with deficiencies. Please refer to Attachment A for a history
of previous permits and violation notices.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. 401 Water Quality Certification Condition
Title 15A NCAC 2H .0501
The Approval of 401 Water Quality Certification and Authorization Certification per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions 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.
Item II. 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 a short-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 to DWQ at the address provided below within 30days
of receipt. You are also encouraged to secure a consultant who specializes in stormwater engineering 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 impacts on and off the site.
2. Please submit the following documents for review and approval:
Page 3
Oak Park Phase 1 (formerly Edwards Property)
a. As-built drawings of all stormwater conveyances for Phase 1 or newly engineered plans
for the conveyances; whichever end result shows discharge flows at non-erosive
velocities.
b. Please indicate in your response a schedule with dates detailing when the construction of
the new stormwater devices will be accomplished. This schedule should include a two-
year monitoring plan to ensure that the devices are working properly and are being
maintained.
c. Conduct regular maintenance of the level spreader at stormwater pipe FES-41 and repair
the short circuiting at the level lip.
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. Your above-mentioned response to this correspondence
will be considered in this process. Environmental damage and/or failure to secure proper authorizations
have been documented on the subject tract as stated above. Your efforts to undertake activities to bring
the subject site back into compliance is not an admission, rather it is an action that must be taken in order
to begin to solve ongoing environmental issues. Should you have any questions regarding these matters,
please contact Natalie Landry at [phone].
i. ?
Si cerel
Danny Smith
Regional Supervisor
Surface Water Protection Section
Attachment
cc: DWQ RRO file copy
LQ File copy - Gabi Jones
Katie Merritt - WeBSCaPE - 1617 Mail Service Center
Ian McMillan - WeBSCaPe - 1650 Mail Service Center
USACE Raleigh Regulatory Field Office
Spaulding and Norris, PA, 972 Trinity Road, Raleigh, NC 27607
Miguel Pumariega, Development Construction Mngr., 1207 Roseneath Rd, Richmond, VA 23230
Marianne Jarvis, 1207 Roseneath Road, Richmond, VA 23230
Attachment A
Oak Park Phase I (Formerly Edwards Property)
DWQ issued a Notice of Continuing Violation and Intent to Enforce (NOCV) on May 12, 2010 to Oak
Park Associations, LLC for the Subject property. A certified mail receipt signed by a representative of
Oak Park Associates, LLC on May 19, 2010 for the NOCV and the receipt was returned to DWQ by the
U.S. Postal Service indicating that the NOCV was received.
DWQ received a written response to the Notice of Continuing Violation and Intent to Enforce on May 24,
2010 from Oak Park Associates, LLC. The letter summarized five corrective actions taken since the
NOCV was issued. The actions listed are as follows, replaced all erosion control fabric beneath the
riprap, replaced and added additional riprap, removed all built up sediment from the outfall and the level
spreader, replaced erosion matting in level spreader and stabilized level spreader (seed and straw). The
letter also provided contact information for the development construction manager, Miguel Pumariega.
DWQ issued a Notice of Violation for a 401 Water Quality Certification Violation on February 16, 2010
to Oak Park Associates, LLC for the Subject property. A certified mail receipt signed by a representative
of Oak Park Associates, LLC on February 19, 2010 for the Notice of Violation and the receipt was
returned to DWQ by the U.S. Postal Service indicating that the Notice was received.
Mr. Scott Mitchell of Spaulding and Norris, P.A. submitted a Pre-Construction Notification (PCN) and
supplemental information on or about August 10, 2004 on behalf of the property owner, Ralph D.
Edwards. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 12 the
corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on
October 1, 2004, DWQ Project# 04-1323.
The 401 Water Quality Certification DWQ Project# 04-1323 authorizes the placement of fill within or
otherwise impact of 0.0018 acres of wetlands, 62 feet of streams and 16,757 square feet of protected
riparian buffers for the purpose of installing a sewer system at the subject property.