20070686 Ver 1_Notice of Violation_20061101

QF ~ A T~9 Michael F. Easley, Governor
~ p William G. Ross Jr., Secretary
~~," ~
~? ; North Carolina Department of Environment and Natural Resources
>_ ' ~ Alan W. Klimek, P.E. Director
Q ~ Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 1, 2006
CERTIFIED MAIL 7006-0100-0000-8379-3778
RETURNED RECEIPT REQUESTED
H & D Development, LLC
5841 Neuse Rd
Grantsboro NC 28529
Subject: Notice of Violation and Recommendation for Enforcement
Failure to Secure a NPDES General Stormwater Permit to Discharge Stormwater (NCG010000)
Wetland Standard Violation
Riparian Buffer -Diffuse Flow violation
Craven County
Dear Delma O. White:
On October 3, 2006, Chris Pullinger and Amy Yount from the Division of Water Quality (DWQ) Washington
Regional Office and Danny Smith from the Central Office investigated a complaint concerning unauthorized
riparian buffer and wetland impacts at your property located off Hwy 17 near Ernul in Craven County. The site
inspection revealed that mass grading had occurred, several small wetland polygons were graded, grubbed
and/or filled, and that a channel (ditch) had been excavated to an unnamed tributary to Little Swift CreeK. In
addition, more than 1 acre of land disturbance has occurred without a Sedimentation and Erosion Control Plan
and without coverage under the NPDES General permit to discharge stormwater form construction activities.
As a result the site inspection and file review revealed the following violations and/or the need for additional
information on the following items:
1) Wetland standard
2) Riparian Buffer -Diffuse flow of stormwater
3) Failure to secure a NPDES General Permit to Discharge Stormwater (NCG010000)
Item I. Wetland Standards.
The investigators observed mechanical grading in wetlands. It is clear that much of the subject tract is uplands
and is not jurisdictional wetlands. However, it was also clear that there are areas of wetlands and waters on the
tract. By copy of this letter DWQ is asking you to provide an account of the amount of wetlands located on the
site those areas that have been disturbed in from your construction efforts.
The respective placement of fill, grubbing, ditching as well as impacts from sedimentation to wetlands may
represent a violation of the following North Carolina wetland standard, which states:
15A NCAC 26 .0231(b) (1) and (5)
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.
North Carolina Division of Water Quality Internet: +~~+'++.ne+~'aterc~ralit~.or,,'a
943 Washington Square Mall Phone: [phone] ~TOne
Washington, NC 27889 FAX [phone]V ~ hCay+ro/li/na
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H & D Development
Craven County
DWQ staff will continue to Investigate this matter, discuss these concerns with US Army Corps of Engineers, and
review/consider the information you provide in your written response.
Item 11. Riparian Buffers
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The purpose of these
rules is to protect and preserve riparian buffers in the Neuse River Basin. That is, these rule help to maintain the
nutrient removal functions of the streamside areas necessary to protect surface waters. Specifically, this Rule
applies to the 50-foot wide riparian buffers directly adjacent to surface waters (intermittent streams, perennial
streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has two zones as follows: (a) Zone 1
[measured from stream bank landward for 30 feet] shall consist of a vegetated area that is undisturbed except for
uses provided for in Subparagraph (6) of 15A NCAC 26 .0233, and (b) Zone 2 [the outer 20 feet, landward from
the outer 30 foot edge of zone I] shall consist of stable vegetated area that is undisturbed except for activities and
uses provided for in Subparagraphs (4) and (6) of 15A NCAC ZB .0233.
A DWQ site visit noted the following riparian buffer rule violation:
Pursuant to the Neuse River Buffer Rule (15A NCAC 2B .0233) DWQ staff observed the failure to maintain
diffuse flow had occurred in the riparian zones. This was attributed to the installation/excavation of ditch
into and through the riparian zone. This is a violation of the requirement that concentrated runoff from
manmade conveyances be converted to diffuse flow before the runoff enters the Zone 2 of the riparian
buffer.
Item III. Failure to secure a NPDES General Permit to Discharge stormwater (NCG010000)
Site visit and Division of Land Resources (DLR) file review confirmed that Sediment and Erosion Control plan
approval has not been applied for or secured for the land disturbing activity; therefore, coverage under the
NPDES General Permit to discharge stormwater form the land disturbing activities has not been secured in
accordance with North Carolina General Statute 143-215.1. As of March 10, 2003, this permit is applicable to
point source discharges of stormwater form construction activities disturbing one or more acres of land. The
submission of a proposed Erosion and sedimentation Control Plan to the DLR or delegated local program shall be
considered to take the place of a Notice of Intent for Coverage under this General Permit for those projects
requiring this permit coverage. Coverage under this general Permit shall become effective upon issuance of an
approval fro the Erosion and sediment Control Plan by DLR or a local delegated program. Prior to the
commencement of construction and land disturbing activities approval of the Erosion and Sedimentation control
Plan shall be obtained.
This ofFce requires that violations, as detailed above be corrected immediately. Please note, these violations and
any future violations are subject to civil penalties assessment of up to $25,000,00 per day for each violation. It is
requested that your respond to this letter in writing. Your response must address each of the following items:
1) Provide a written "Plan of Action" that clearly provide a schedule and dates that outlines how the above
mentioned violations will be corrected.
2) Provide a map that details the location of wetlands, waters, and riparian buffers on this tract. This map
should clearly indicate the position of the streams, buffers and wetlands (this information will also be
required as apart of Coastal stormwater Permit which will also be required for this tract prior to installation
of any impervious surface pursuant to 15A NCAC 2H .1000.
3) Please clearly indicate in your response what effort you have taken to restore the streamside riparian
area in the respective sheet flow of stormwater through the buffer. [Routing stormwater through an
excavated earthen ditch is a violation of the riparian buffer rules]
4) Please detail your efforts to apply for and secure a Sedimentation and Erosion Control Permit and to
come into full compliance wit the NPDES General Permit to discharge stormwater (NCG010000). The
North Cazolina Division of Water Quality Internet: ~~1+±+, iic~r~trrciitafit~_~~~
943 Washington Squaze Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaro/l/ina
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H & D Development
Craven County
attached addendum is provided in effort to highlight some of conditions set forth in the construction
stormwater permit.
Thank you for your attention to this matter. This office is considering sending a recommendation of enforcement
to the Director of the Division of Water Quality ,regarding these issues and any future/continued violations that
may be encountered. Your response to this correspondence will be considered in this process. Should. you have
any question regarding these maters, please contact Chris Pullinger or Amy Yount at [phone]
Sincerely,
AI Hodge
Regional Supervisor
Surface Water Protection
Addendum:
Cc: Danny Smith, Nonpoint Source Assistance and Compliance Oversight
US Army Corps of Engineers
Division of Land Resources
Central Files
WaRO-DWQ file copy
North Carolina Division of Water Quality Internet ~~:~_~+.nc~~aterqu li ~;~r~
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaTOlina
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H 8c D Development
Craven County
ADDENDUM
General Stormwater Permit NCG0100000 -Condition Violations
In conjunction with the receipt of the Erosion and Sedimentation Control Plan approval issued by the Division of
Land Resources (DLR), an NPDES general Stormwater permit (NCG0100000) administered by the Division of
Water Quality (DWQ) was issued for your project. This General Permit allows stormwater to be discharged during
land disturbing activities as stipulated by conditions in the permit.
The following permit conditions are listed to assist you and to help bring your attention to certain permit conditions
requirements. A full copy of this permit (NCG010000) may be obtained on line at
http://h2o.enr.state.nc.us/su/Forms_Documents.htm#StormwaterGP or at your request.
Part I. Section A (2): Final Limitations and Controls for Stormwater Discharges
2. The permittee shall implement the plan (Sedimentation and Erosion Control Plan), which has been
approved by the approval authority. The approved plan is considered a requirement or condition of this general
permit. Deviation from the approved plan, or approved amendment to the plan shall constitute a violation of the
terms and conditions of this general permit except that deviations from the approved plan will be allowed (1) to
correct an emergency situation where sediments are being discharged off the site or (2) when minor modifications
have been made for the purpose of improving the performance of the erosion and sedimentation control
measures and notification of the minor modification has been made to the Division of Land Resources (or
approved local program). Such a deviation shall be noted on the approved plan maintained at the job site.
During active construction, a copy of the approved plan shall be maintained on the site.
Part 1 Section C (2): Schedule of Compliance
2. During construction and until the completion of a construction or development and the establishment of a
permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the
stormwater controls at optimum efficiency.
Part II Section E: Anticipated Noncompliance
The permittee shall glue advance notice to the Director of any planned changes in the permitted
facility or activity that may resuk in non-compliance with the general permit requirements.
Part I., Section B: Minimum Monitoring and Reporting Requirements
1. All sedimentation and erosion control facilities shall be inspected by or under the direction for the permittee at
least once every seven calendar days (at least twice every seven days for those facilities discharging to waters of
the State listed on the latest EPA approved 303(d) list for construction related indicators of impairment such as
turbidity or sedimentation**) and within 24 hours after any storm event greater than 0.5 inches of rain per 24 hour
period. A rain gauge shall be maintained on the site and a record of the rainfall amounts and dates shall be kept
by the permittee.
(**note: The latest approved list may be obtained from the Division of Water Quality, or from the following web
site location: http://h2o.enr.state.nc.us/su/construction303d)
2. Stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as
defined below at the frequency in # 1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken
immediately to control the discharge of sediment outside the disturbed limits. (see Stormwater Discharge
North Carolina Division of Water Quality Internet ~~ti4~~.neware~ualit~~~
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaro/l/ina
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H & D Development
Craven County
Characteristics in the permit which can be found at
http://h2o. enr.state. nc. us/su/Forms_Documents. htm#StormwaterGP)
3. The operator shall keep a record of inspections. Visible sedimentation found off the site shall be recorded with
a brief explanation as to the measures taken to prevent future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ
or authorized agent upon request.
North Carolina Division of Water Quality Internet a_~~~~ itc~~_~t~rqual~ty,.rx_~
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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None Carolina
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