20011737 Ver 1_Notice of Violation_20070619

o~OF W ATF9OG Michael F. Easley, Governor
William G. Ross Jr., Secretary
,y North Carolina Department of Environment and Natural Resources
~ ~ Coleen H. Sullins, Director
p .~ Division of Water Quality
a,T F o ~~ - ~ 13 ~ d t.~ ~ 2-0 o a.
June 19, 2007 p ~ ~ ~2 a~] ~ D
CERTIFIED MAIL #7006-0810-0002-6048-8305 L5 v
RETURN RECEIPT REQUESTED JUN `~ 1 `L l1 ~~ 7
Douglas Ball DENR-WATER QUALITY
Stoney Creek LLC WETLANDS AND STORMWATER BRANCH
1027 US Highway 70 Suite 106
Garner NC 27529
Subject: NOTICE OF VIOLATION and NOTICE OF
INTENT TO ENFORCE
NOV-2007-PC-0347
Patriots Pointe Phase 2
Wetland Project # 20011737
DWQ Tracking # NCR000310
Construction Stormwater Permit - NCGO 10000
Johnston County
Dear Mr. Ball:
On Apri15, 2007, Mr. Chad Coburn from the Raleigh Regional Office of the Division of Water
Quality conducted a site inspection for the tract/project known as Patriots Pointe Phase 2, located
off of Watson Road, Johnston County, North Carolina. The site visit and file review revealed that
the subject project has an approved Erosion and Sedimentation Control Plan and is covered by
Stormwater General Permit NCGO10000. Accordingly, the following observations and permit
conditions violations were noted and are detailed below:
(I) General Construction Stormwater Permit NCGO10000
(In Other Waste (In-stream sediment)
(III) Wetland Standards
(IV) 401 Water Quality Certification Conditions
(V) Neuse Buffer
(VI) Sewer Extension Permit Violation
I. General Construction Stormwater Permit NCGO10000
A Construction 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) (or local delegated program) Erosion and Sedimentation Control Plan
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 (NPDES) in accordance with 15A NCAC 2H.0100.
1) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was
not on site and available for review.
N. C. Division of Water Quality 1628 Mail Service Center 919-791-4200 1VQ;tttCaro~ipa
Raleigh Regional Office Raleigh, NC 27699-1628 FAX [phone] ,/ Q~1lCQ
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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Douglas Ball
Patriots Pointe Phase 2
Johnston County
2) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on the site at the time of inspection.
3) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not recorded and available for review. * A site
representative was not available during the inspection.
4) Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were not
recorded and available for review. * A site representative was not available during the
inspection.
II. Other Waste (In-stream sediment) -Sediment has been released into Beaverdam Branch, a
Class C, Nutrient Sensitive Water. There are accumulations of approximately 3 inches to 12
inches of sediment over a length of approximately 1000 feet of stream. This impact represents a
violation of 15A NCAC 2B .0211 (3) f, 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;
III. Wetland Standards -Sediment has been deposited in wetlands at depths between 3 and 12
inches over an estimated area of 25,000 square feet. Secondly, riprap has been placed across the
stream and wetland area over what appears to be a sewer line, causing a significant change in
stream and wetland hydrology. The deposition of sediment and the placement of riprap are in
violation of the following wetland standards:
15A NCAC 02B .0231 (b) (1) requires that:
Liquids, fill or other solids or dissolved gases may not be present in amounts that may
cause adverse impacts on existing wetlands uses.
15A NCAC 02B .0231 (b) (5) requires that:
Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) 'The movement of aquatic fauna;
(F) Water levels or elevations
IV. Failure to secure a 401 Water Quality Certification
There appears to be a utility line crossing of Beaverdam Branch in Phase II of the site that DWQ
site visits and file review confirmed impacts occurred without a 404 Permit from the U.S. Army
Corps of Engineers. The file review indicates that the U.S. Army Corps of Engineers (COE) has
not authorized use of a 404 Permit for this activity nor has notification been provided to the COE
for this activity. The file review confirmed that aPre-Construction Notification has not been
received by the Division of Water Quality for this activity and that a 401 Water Quality
Certification has not been issued. APre-Construction Notification submitted to DWQ is required
prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500.
V. Neuse Buffer -15A NCAC 02B .0233 requires that:
The protected riparian buffer has two zones: 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

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Douglas Ball
Patriots Pointe Phase 2
Johnston County
subparagraph (6) of 15A NCAC 2B .0233; Zone 2 (the outer 20 feet, landward from the outer 30
foot edge of zone 1) shall consist of stable vegetated area that is undisturbed except for activities
and uses provided for in subparagraphs (4) and (6) of 15A NCAC 2B .0233. Streams in the
Neuse River Basin are subject to riparian (streamside) buffer rules. The purposes of these rules
are to protect and preserve riparian buffers and 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 buffer directly adjacent to surface waters (intermittent streams, perennial streams,
lakes, ponds, and estuaries).
The riparian area adjacent to the stream has had vegetation cleared into Zone 1. In addition, there
are accumulations of approximately 3 inches to 12 inches of sediment over a length of
approximately 1000 feet of buffered stream. There is also evidence that mechanized equipment
has been used in Zone 1.
VI. Sewer Extension Permit Violation -There are possible violations of the minimum design
criteria and permit conditions applicable to the sewer extension permit WQ0020268. These
possible violations will be processed separately from this notice.
Required Response
You are required to respond to this letter in writing within 30 days of receipt. Your response
must include the following:
1. Provide a copy of all rain gauge data collected from the date of the approved Erosion and
Sediment Control Plan up to the date of your response. If you do not have data, explain
why.
2. Provide a copy of all inspection records from the date of the approved Erosion and
Sediment Control Plan up to the date of your response. If you do not have records,
explain why.
3. Provide a Wetland and Stream Restoration Plan for our review and approval prior to
proceeding with any restoration activities.
a. This plan must include a detailed assessment/delineation of sediment impacts and
depth measurements on site and downstream of the subdivision property line.
This plan must include a map that exactly depicts the wetlands on the tract and a
description and quantification of the impacts to the wetlands and streams.
b. Sediment in the wetland and stream at depths greater than two (2) inches must be
removed and taken to high ground and stabilized. Sediment must be removed
manually using shovels and buckets.
c. The streambed must be restored to the original profile and the stream banks must
be stabilized where necessary.
4. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were
not secured for the utility line crossing of Beaverdam Branch in Phase II. If these
impacts were covered under a previous application, provide evidence that the utility line
crossing has been constructed in compliance with the 401 Water Quality Certification.
This office requires that the violations, as detailed above, be immediately and properly
resolved. These violations and any future violations are subject to a civil penalty assessment

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Douglas Ball
Patriots Pointe Phase 2
Johnston County
of up to $25,000.00 per day for each violation. * Note: If restoration activities proceed without
DWQ approval and violate water quality standards, additional enforcement actions may occur.
Should you have any questions regarding these matters, please contact Chad Coburn at (919) 791-
4200.
Sincerely,
~'V L
Charles Wakild, P.E.
Surface Water Protection Section
Raleigh Regional Supervisor
cc: RRO -Water Quality
Danny Smith - NPS-ACO Unit
Cyndi Karoly -Wetlands / 401 Unit
USACE -Thomas Brown, Raleigh Field Office
Water Quality Central Files