20040163 Ver 2_Notice of Violation_20110113

A-r d- r- ?V
Beverly Eaves Perdue
Dee Freeman
Governor
Coleen H. Sullins
Director
Secretary
January 13, 2011
CERTIFIED MAIL # 70081300 00001109 4734
RETURN RECEIPT REQUESTED
Walthom Group
Attn: Norwood Thompson
442 % East Main Street
Clayton, NC 27520
Dear Sir:
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Subject: NOTICE OF CONTINUING VIOLATION
NOTICE OF INTENT TO ENFORCE
NOV-2011-PC-0039
DWQ Project # 2004-0163
Cobblestone Subdivision
35.6280N, -78.457OW
Other Waste (in-stream sediment) Violation
Riparian Buffer Violation
Wetland Standards Violation
Construction Stormwater General Permit (NCG010000) Violations
Johnston County
On September 1, 2010, October 21, 2010 and December 23, 2010, Lauren Witherspoon from the Raleigh
Regional Office of the Division of Water Quality (DWQ) conducted site inspections in the Cobblestone
Subdivision in Clayton, Johnston County, North Carolina. The streams on the site are Little Creek and
unnamed tributaries (UT) to Little Creek, Class C, Nutrient Sensitive Waters (NSW), in the Neuse River
Basin.
A stormwater general permit (NCGO 10000) is issued upon the approval of an Erosion and Sedimentation
Control Plan. This permit applies to projects that receive a Division of Land Resources (DLR) or
delegated local program Erosion and Sedimentation Control Plan Approval Letter for land disturbance of
1 acre or greater. Specifically, the general permit (NCGO 10000) authorizes the discharge of stormwater
under the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina
Administrative Code 2H.0100. DLR approved the Erosion and Sedimentation Plan for this project and is
therefore covered by the NCGO10000 permit. The Financial Responsible Owner for the current phases of
this project is Walthom Group.
On February 27, 2004, DWQ received an application for a 401 Water Quality Certification (WQC) and
Neuse River Buffer Authorization. According to our rules [15A NCAC 2H.0507(A) and 15A NCAC 2B
.0233(8)], if final action is not taken within sixty (60) days, the 401 WQC is waived unless DWQ has
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North Carolina Division or Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer
Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh. NC 27899-1828 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recyoled/10% Post Consumer Paper
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Cobblestone Subdivision
objected in writing to your application. Because an objection was not written by DWQ the 401 WQC was
waived for the impacts to streams, wetlands and buffers as described in the February 27, 2004 application.
A waiver letter was written by DWQ on May 7, 2004 (DWQ Project #04-0163).
The following observations were made during the site inspections:
• Sediment deposition from Cobblestone Phase 5 has impacted approximately 351 LF of the UT to
Little Creek measuring approximately 2-4 inches in depth along the western side of Averasboro
Drive;
• Sediment depostion measuring approximately 6-9 inches in depth has impacted approximately 9,000
square feet Neuse River Riaprian Buffer along this UT to Little Creek;
¦ Sediment deposition measuring approximately 6-9 inches in depth has impacted approximately 0.4
acre of wetlands along this UT to Little Creek;
• Diffuse flow is not being maintained in several different locations around the property: at outfalis
along Averasboro Drive, the stream crossing not yet constructed in the southwestern corner of
Averasboro (Impact #4 on PCN), and at Impacts # 1 and #3;
• Rip-rap was observed in and on the banks of the UT to Little Creek that was not included in the 401
application. Note: the 401 Waiver only waives impacts to stream, wetlands and buffers as described
in the application.
¦ An Erosion and Sedimentation Control Plan, NPDES construction permit, nor rain gauge were
observed on the property as required by the NCG010000 (Construction Stonmwater Permit).
• Rain data records or erosion control BMP and stormwater discharge outfall monitoring records were
observed on the site at the time of the inspection.
As a result of the site inspections, the following violations, detailed below, are noted:
Item 1. Other Waste (In-stream sediment) Violation
The sediment deposition (as a result of the land disturbing activities) in the UT to Little Creek represents
a water quality standard violation defined as other waste.
Specifically, 15A NCAC 02B .0211 (3)f, requires that "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 II. Neuse Riparian Buffer Violation
The Neuse River Basin is subject to the riparian (streamside) buffer rules covered under North Carolina
Title 15A NCAC 02B .0233. The purpose of these rules is to protect and preserve riparian buffers in the
Neuse River Basin that help protect surface water by removing nutrients from overland flow. The North
Carolina buffer rules apply to areas immediately adjacent to surface waters which include intermittent
streams, perennial streams, lakes, ponds, and estuaries.
The protected riparian buffer has two zones: Zone 1 is measured from the stream bank landward
for 30 feet. Zone 2 is measured an additional 20 feet landward from the outer edge of zone 1.
Both Zone 1 and Zone 2 consist of a stable vegetated area that is undisturbed except for activities
and uses provided for in item (6) of 15A NCAC 2B .0233 (4).
Neuse Buffer - Diffuse Flow - 15A NCAC 02B .0233 (5) (a) & (b) requires that:
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.
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Cobblestone Subdivision
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse
flow before the runoff enters Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to
impede the formation of erosion gullies.
Item M. Wetland Standards Violation
The sediment deposition (as a result of the land disturbing activities) in the wetlands on the property
represent a water quality standard violation defined as wetland standards.
Specifically, 15A NCAC 02B .0231 (b), requires that:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Item IV. Construction Stormwater General Permit (NCGO10000) Condition Violations
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.
Part I, Section B. No. 5
If any visible sedimentation is leaving the site or entering a water of the state, corrective on-site action
shall be taken immediately to control the discharge of sediments. Where visible deposition of sediment
has occurred in surface waters or wetlands, the permittee must contact the Division within 24 hours of
becoming aware of the deposition.
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Cobblestone Subdivision
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are also encouraged to
secure a consultant who specializes in stream, wetland, and buffer restoration to assist you with the
development and submittal of the following:
1. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands, and buffers) on the property. This documentation should
describe and quantify the impacts to those jurisdictional features and should include plans to
avoid further stream, wetland, and buffer impacts on the site.
2. Stream, Wetland, and Buffer Restoration Plan (sediment removal) - Sediment impacts to the
stream, wetland, and buffer must be removed. As a part of this plan, you should provide the
amount (depth) of material that has been deposited in these areas. 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, wetland and buffer. The sediment
should be removed from these areas, taken to high ground away from the stream, wetland and
buffer and be stabilized. Also, the plan must address the measures that will be used for temporary
stabilization/sediment control while this work is under way. An herbaceous wetland seed mix
should be distributed over the wetland area that was disturbed.
3. Diffuse Flow Plan - Please submit a diffuse flow plan showing how and when you anticipate
providing diffuse flow at several different locations around the site. You are required to provide
diffuse flow prior to entering Zone 2 of the riparian buffer. BMPs should be designed using the
most current version of the BMP manual. A buffer authorization may be required if you propose
to use devices that require a bypass through the buffer.
4. The approved Erosion and Sedimentation Control Plan must be followed. Please provide a
statement documenting that the approved Erosion and Sedimentation Control Plan is on-site and
available for review.
5. A rain gauge must be properly installed as required by the NCG010000 permit. Please provide a
statement documenting the location of the rain gauge.
6. Provide all rain gauge data collected to include the past six months of monitoring through to the
date of your written response to this letter. If you do not have data, explain why.
7. Provide inspection records to include the past six months of monitoring records through to the
date of your written response to this letter. If you do not have records, 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
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Cobblestone Subdivision
Thank you for your attention to this matter. 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 Lauren Witherspoon at [phone].
ince ly,
anny Smith
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Regional Su isor
Surface Water Protection Section
cc: NPS Assistance and Compliance Oversight Unit
I* MoMillan - 401 Oversight and Express Permits Unit
Thomas Brown - USACE Raleigh Field Office
RRO - Water Quality Files