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Home My WebLink About20190900 Ver 2_NOV-2022-PC-0142_20220322 North Carolina Department of Environmental Quality | Division of Water Resources Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105 336.776.9800 March 22, 2022 CERTIFIED MAIL # 7018 1130 0000 1612 8045 RETURN RECEIPT REQUESTED City of Greensboro Water Resources Dept Attn: Brian Boyd 300 West Washington St Greensboro, NC 27401 Delivered electronically to: Brian.Boyd@greensboro-nc.gov Subject:NOTICE OF VIOLATION NOV-2022-PC-0142 DWR Project# 20190900v2 Southeast Feeder Main and Liberty Road Sewer Force Main Guilford County Dear Mr. Boyd: On March 15, 2022, Sue Homewood of the Division of Water Resources (Division) Winston-Salem Regional Office conducted a partial site inspection with staff from NC Division of Energy, Mineral and Land Resources of the above referenced project in response to complaint calls to both agencies. During the site inspection, Division staff inspected the stream and wetland impacts resulting from recent installation of utility line along Liberty Road from Woody Mill Rd, to Bora Dr. The stream and wetland impacts associated with the project had been previously authorized under DWR Project #20190900 originally issued on September 16, 2019, and modified authorization issued under DWR Project #20190900 v2 issued on October 18, 2021. The following observations and violations were noted during the inspection and subsequent file review: 1. Page 2 of the application dated July 3, 2019 states “stream beds will be returned to their pre- construction elevation following excavation and pipe installation at the stream crossings. Stream banks will be sloped back where feasible, matted with erosion control material, and seeded with a riparian seed mix. Stream bank stabilization (installed above the ordinary high-water mark) will be used where crossings occur and banks cannot be sloped back or returned to preconstruction elevations/grades due to current erosion/instability. Rip rap associated with the “Ford” style stream crossings will be buried below the existing stream bed elevation to allow for aquatic life DocuSign Envelope ID: 60448AA9-18F9-42E6-8641-E0E6C503EF5A North Carolina Department of Environmental Quality | Division of Water Resources Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105 336.776.9800 City of Greensboro NOV-2022-PC-0142 Page 2 of 4 movement and not restrict flows”. In addition, in response to a request for more information submitted on August 14, 2019, a response to item #5 specifically states “We illustrated those as permanent impacts in the permit application but there would be no permanent rock placed within the channel or below the OHWM. The permanent impacts at the listed sites were included if the banks of the streams had to be stabilized in order to access and temporarily cross the channels but unable to be returned to existing contours.” The Division observed that all stream crossings were restored with riprap throughout the entire disturbed area. As the utility line is directly adjacent to Liberty Rd, it does not appear that any “Ford” style stream crossings are warranted. Only two stream crossing appeared to be of a size to warrant riprap stabilization. The Division also observed unstable areas and erosional gullies adjacent to streams and wetlands with insufficient protection measures which have the potential to cause future water quality violations. In addition, the following are observations at specific locations: 2. Impact Site SS20.1: Impact length approved was 24 linear feet. Riprap was observed throughout the construction corridor width and was present within the channel above the stream bed elevation. 3. Two streams adjacent to Stream Crossing S-A-180-1 (Big Alamance Creek), one identified as S-B- 180-3 on plan sheet 03X-19, were impacted as a result of the project, however no impacts (including temporary impacts) were proposed in project plans provided to, or approved by, DWR. Stream S-B-180-3 flows into the riprap bank stabilization and loses proper stream geomorphology across the area. It appears that the stream was not properly restored to natural channel shape and dimensions after disturbance occurred. In addition, Stream S-B-180-3 has been impacted by a significant amount of sediment deposition from recent construction activities and a portion of the streambank was disturbed and is now unstable. A stream that is present on the opposite side of Big Alamance Creek has been impacted by riprap bank stabilization which is present below the ordinary high water mark and within a small portion of stream channel. 4. Impact Site SS18.1: Riprap was observed throughout the construction corridor width and was present within the channel above the stream bed elevation. Some riprap may also be present within wetland W-B-181-2. 5. Impact Site SS17.1: Impact length approved was 26 linear feet. Riprap was observed throughout the construction corridor width and was present within the channel above the stream bed elevation. Some riprap may also be present within wetland W-B-181-2. In addition, it appears that the stream was reconstructed such that a greater than 1 foot headcut/drop exists at the tie in with the natural channel outside of the construction corridor. 6. No impacts are shown on the approved plan sheets for Stream S-A-181-3, however the jurisdictional determination maps show that there is a small piece of stream parallel to the road and within the ROW for the project. 7. Impact Site WS16.1: Sediment loss has occurred from the project into a portion of Wetland W-B- 181-5 outside of the project limits. Sediment deposition is 1-3 inches in depth. In addition, DocuSign Envelope ID: 60448AA9-18F9-42E6-8641-E0E6C503EF5A North Carolina Department of Environmental Quality | Division of Water Resources Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105 336.776.9800 City of Greensboro NOV-2022-PC-0142 Page 3 of 4 sediment deposition has occurred within the area noted as temporary impact area and has disturbed the restored area contours and soils. In addition, it appears that a channel was created between this wetland and Climax Creek during construction activities. A channel is not present within the jurisdictional determination maps provided with the application, however an obvious channel now exists and has been armored at it’s confluence with Climax Creek. Required Response Accordingly, you are directed to respond to this letter in writing of this Notice. Your response should be sent to this office and include the following information: 1. Immediately ensure that the site is stabilized and that appropriate erosion and sediment control measures are installed to ensure protection of downstream waters. 2. Within 30 days of receipt of this Notice, submit a proposal to restore all permitted areas in accordance with the approved 401 Certification. Your proposal must be sent to this office for review and approval prior to conducting any further activities within the stream channel, wetlands, or buffers other than the installation and/or maintenance of appropriate sediment and erosion control measures to protect downstream water quality. All future work in channels must be conducted “in the dry” such that the area is temporarily isolated from flowing streams/water. 3. Within 30 days of receipt provide a wetland restoration plan for the sediment depos ition into Wetland W-B-181-5, including areas within and outside of the project construction corridor. Thank you for your attention to this matter. The Division requires that the violations, as detailed above, be abated and properly resolved. This Office is considering a recommendation for civil penalty assessment to the Director of the Division of Water Resources regarding the above-mentioned violations on the subject site. Pursuant to G.S. 143-215.6A, the above-mentioned 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 will be considered in any further process that may occur. Should you have any questions regarding these matters, please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov. Sincerely, Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – WSRO DocuSign Envelope ID: 60448AA9-18F9-42E6-8641-E0E6C503EF5A North Carolina Department of Environmental Quality | Division of Water Resources Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105 336.776.9800 City of Greensboro NOV-2022-PC-0142 Page 4 of 4 Electronic cc: Andrew Williams, US Army Corps of Engineers Raleigh Field Office Vickie Miller, HDR Kimberly Turney, DEMLR WSRO File Copy DocuSign Envelope ID: 60448AA9-18F9-42E6-8641-E0E6C503EF5A