20120227 Ver 1_Notice of Violation_20121001

N M
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E Dee Freeman
Governor Director Secretary
October 1, 2012
CERTIFIED MAIL #7009 0080 0000 9764 9997
RETURN RECEIPT REQUESTED
Mr Bob Rose, Jr
3550 South Church Street
Burlington, NC 27512
Subject NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
NOV- 2012 -PC -0332
DWQ # 12 -0227
The Reserve Subdivision Access Road
36 4775 °, 79 1055°
Person County
Dear Mr Rose
On September 24, 2012, Martin Richmond of the Raleigh Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for the tract/project known as The Reserve, on Pinesborough
Estates Drive (Hyco Lake) in Person County, North Carolina Hyco Lake is designated WS -V, Class B
waters in the Roanoke River Basin Present during this inspection was Gabi Jones of the NC Division of
Energy, Minerals, and Land Resources, and Eric Alsmeyer of the US Army Corps of Engineers
A stormwater general permit (NCGO10000) 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) Erosion
and Sedimentation Control Plan Approval Letter for land disturbance of 1 acre or greater Specifically,
the general permit (NCGO10000) authorizes the discharge of stormwater under the National Pollutant
Discharge Elimination System in accordance with Title 15A North Carolina Administrative Code
2H 0100 An Approval Letter for the Reserve Subdivision Access Road was issued to you by DLR on
September 15, 2011
N C Division of Water Quality
Raleigh Regional Office
3800 Barrett Drive NC27609
Phone [phone] FAX [phone]
Customer Service 1. 877. 623.6748
Internet www rimaterqualrty org
An Equal Opportunity 1 Afirrnabve Action Employer
Noe Carolina
aturally

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Mr Bob Rose
Person County
During the site inspection on September 24, 2012, the following was noted
1 No erosion & sediment control plans on -site,
2 No NCGO10000 monitoring records on site,
3 No rain gauge was observed on -site,
4 Approved erosion & sediment control devices were not present or properly maintained,
5 Mechanical clearing was being conducted in areas outside the approved limits of disturbance,
6 Sediment loss was noted in a stream, a wetland, and a drainage swale, all located outside the
approved limits of disturbance
Additionally, a 401 Water Quality Certification (DWQ #12 -0227) was issued for this protect on June 6,
2012 for impacts to streams and/or wetlands for purpose of construction of the access road During the
September 24, 2012 inspection, the following was noted
7 Approximately 6 inches of sediment was noted in 190 linear feet of a drainage swale leading
directly to Hyco Lake A thin layer of deposited silt material was noted in the Lake
8 A layer of sediment was noted in approximately 150 linear feet of an unnamed tributary to
Hyco Lake, identified in the approved 401 Certification as the `Area 2'
9 Approximately 4 inches of sediment was noted in 490 linear feet of wetland adjacent to Hyco
Lake, identified in the approved 4012 Certification as `Area 1'
Accordingly, the following observations and violations were noted during the Division of Water Quality
inspection and subsequent file review
1 Failure to Follow the Approved Erosion and Sedimentation Control Plan (Section III No. 3
Lail
As noted during the Division of Energy, Mineral and Land Resources inspection on September
24, 2012
2. Failure to Properly Maintain the Control Measures (Section IV No. 1)
As noted during the Division of Energy, Mineral and Land Resources inspection on September
24, 2012
3. Approved Plan (Section M. No 3 (d))
During the inspection, a copy of the approved Erosion and Sedimentation Control Plan was not
on site and available for review
4. Rain Gauge (Section H B No. 3 (a))
A rain gauge was not observed on the site at the time of inspection
5. Minimum Monitonng and Record Keeping (Section II B No. 3 (c))
Inspection records of erosion and sedimentation control measures, collected weekly and after
every half -inch or greater rain event, were not recorded and not available for review upon request
6. Minimum Momtonng and Record Keeping (Section II.B No 3 (d))
Inspection records of stormwater discharges collected weekly and after every half -inch or greater
rain event were not recorded and not available for review upon request
7. Surface Withdrawal Requirement (Section H B No
Sediment basins and traps are not installed per the permit requirements

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Mr Bob Rose
Person County
8. Failure to Notify DWO (Section II.B No 3 (f))
No record of an notification to DWQ of visible sediment deposition into streams or wetlands or of
any noncompliance which may endanger health or the environment
9. Other Waste (In Stream Sediment): 15A NCAC 2B.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
10. Wetland Standards: 15A NCAC 2B.0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses,
and
(5) Hydrological conditions necessary to support the biological and physical charactenstics
naturally present in wetlands shall be protected to prevent adverse impacts on
(C) The chemical, nutnent and dissolved oxygen regime of the wetland,
(D) The movement of aquatic fauna,
(F) Water levels or elevations
11. 401 Water Ouality Certification Condition 2:
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, 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
12. 401 Water Ouality Certification Condition 3.
Erosion and Sediment control practices must be in full compliance with all specifications
governing the proper design , installation, and operation and maintenance of such Best
management Practices in order to protect surface water standards
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this Notice Your response should be sent to this office at the letterhead address and include the
following
1 Please detail the events that resulted in non - compliance with the above - mentioned Construction
Stormwater General Permit NCGO10000 permit conditions
2 Please explain how and when you anticipate being in full compliance with the Construction
Stormwater General Permit NCGO10000 Include the steps you will take to obtain compliance
a Implement the approved Erosion and Sediment Control Plan
b Perform the proper maintenance to the Erosion Control Measures and record the
maintenance activity
c Comply with ground stabilization requirements
d Comply with sediment and trap design requirements

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Mr Bob Rose
Person County
e Comply with requirements for construction site pollutants
3 Please provide information detailing your compliance with the minimum monitoring and
reporting requirements as requested above for each phase of the project This information must
include monitonng records from the start of construction (land disturbance) through to the date of
your written response to this letter Provide a copy of each of the following to DWQ
a All rain gauge data for the protect
b Weekly inspection/monitonng reports related to your inspections of the approved control
measures and stormwater outfalls This includes copies of all corresponding inspections
subsequent to rain events greater than 0 5 inches and any corrective actions taken
*Note Failure to provide this information will constitute violations of the subject
Construction Stormwater Permit NCGO10000
4 Please provide a map that details the lake boundaries, Jurisdictional streams and wetlands on the
entire tract (this is in addition to areas previously documented under the Erosion and Sediment
Control Plan), the areas of unpermitted stream and wetland impacts, and all other areas where
sediment loss was noted Please include depths of sediment when documenting these impacts
Stream and Wetland Restoration Plan (sediment impacts) — Sediment impacts to the streams,
wetlands, and drainage swales 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 ditches,
streams and 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
6 Please indicate in your response a detailed schedule with dates explaining when the restoration will be
accomplished
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 This office requires that the violations, as
detailed above, be abated immediately and properly resolved. 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 resolve ongoing environmental issues
These violations and any future violations are subject to a civil penalty assessment of up to a
maximum of $25,000 00 per day for each violation Your above - mentioned response to this
correspondence, the degree and extent of harm to the environment and the duration and gravity of the
violation(s) will be considered in any civil penalty assessment process that may occur Should you
have any questions regarding these matters, please contact Martin Richmond at (919) 791 -4250 or me at

Page 5 of 5
Mr. Bob Rose
Person County
(919) 791 -4200.
oa .0V , y
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Danny Smit
Surface Water Protection Section
cc: RRO File Copy
Karen Higgins — WBS Compliance & Permitting Unit
Beverly Strickland — Wetlands and Stormwater Branch - Project #12 -0227
Gabi Jones - Division of Energy, Mineral and Land Resources/Raleigh Regional Office
Eric Alsmeyer - US Army Corps of Engineers, 3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587