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Home My WebLink About20190616 Ver 1_NOV-2022-PC-0084_20220304pocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director March 4, 2022 NORTH CAROLINA Environmental Quality CERTIFIED MAIL #7014 3490 0001 8820 9334 RETURN RECEIPT REQUESTED Shenandoah Homes, LLC Attn: David Stallings 3724 National Drive, Suite 220 Raleigh, NC 27612-6343 CERTIFIED MAIL #7020 3160 0000 4115 2688 RETURN RECEIPT REQUESTED Lennar Carolinas LLC Attn: Troy George 1100 Perimeter Park, Suite 112 Morrisville, NC 27560-9199 To Whom It May Concern: 1151 Subject: Notice of Violation -Notice of Intent to Enforce NOV-2022-PC-0084 Stream Standard Violations Wetland Standard Violations Failure to Secure a 401 Certification Milburnie Ridge Subdivision, DWR Project #20190616 Address of Site: 3231 Old Milburnie Road, Raleigh Wake County MAILED On January 26, 2022, Stephanie Goss, Cassidy Kurtz and Dorothy Robson from the Raleigh Regional Office (RRO) of the Division of Water Resources (DWR) conducted a site inspection at the above referenced site in order to investigate a complaint. On February 2, 2022, Stephanie Goss and Colleen Cohn of RRO conducted a follow-up site visit in order to reassess site conditions. The following observations and violations were noted during the site inspections and subsequent file review (See Attachment 1 for feature designations): • Stream A labeled on Attachment 1 is an unnamed tributary to Hodges Mill Creek and is classified as Class C, Nutrient Sensitive Waters (NSW) in the Neuse River Basin. • Stream A is depicted on the NRCS Soil Survey of Wake County and the USGS Topographic Map and is subject to the Neuse Riparian Buffer Rules (15A NCAC 02B .0714 (3)). • 401 Water Quality Certification - DWR staff observed approximately 900 square feet of Wetland W2 had been severely impacted by sediment and the removal of vegetation for an unauthorized road crossing. Sediment depositions ranged in depth from 4-8 inches (See Photographs 1 and 2). A Division of Water Resource file review of the 401 Water Quality Certification dated July 8, 2019 (DWQ Project #20190616) revealed that these impacts were not authorized by the 401 Water Quality Certification. • Along a 400-foot stream reach (Stream A), DWR staff observed gravel and sediment deposition. Sediment depositions ranged in depth from 2-4 inches to as much as 8 inches in places (See Photographs 3 and 4, 7-11). • DWR staff observed sediment in Wetland W2 for approximately 500 linear feet. Sediment depositions ranged in depth from 4 to 8 inches (See Photographs 5 and 6). North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 Milburnie Ridge Subdivision NOV-2022-PC-0084 Page 2 of 9 • 401 Water Quality Certification DWR staff observed 88 linear feet of stream impact due to the installation of a culvert in Stream A (See Photographs 7-11 and Plan View -Impact Area B). A Division of Water Resource file review of the 401 Water Quality Certification and Buffer Authorization dated July 8, 2019 (DWQ Project #20190616) revealed that 80 linear feet of impact was authorized for the installation of a culvert by the 401 Water Quality Certification and Buffer Authorization. • 401 Water Quality Certification - DWR staff observed two rock dams which consisted of gravel and large rocks in the streambed and streamside area of Stream A (See Photographs 7-11 and Plan View -Impact Area B). A Division of Water Resource file review of the 401 Water Quality Certification and Buffer Authorization dated July 8, 2019 (DWQ Project #20190616) revealed that these impacts were not authorized by the 401 Water Quality Certification and Buffer Authorization. The plan specifically indicated that culverts were to be constructed during dry conditions. • 401 Water Quality Certification — DWR staff observed 88 linear feet of impact due to the installation of a circular concrete culvert in Stream A (See Photographs 7-11 and Plan View - Impact Area B). A Division of Water Resource file review of the 401 Water Quality Certification dated July 8, 2019 (DWQ Project #20190616) revealed that the culvert impact authorized by the 401 Water Quality Certification to consist of a 48" box culvert. Item I. Stream Standards Violation- Removal of Use Title 15A North Carolina Administrative Code (NCAC) 02B .0211 (2) requires that "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short- term or long-term basis shall be considered to be violating a water quality standard." Item II. Stream Standards Violation- Other Waste (In -Stream Sediment) Title 15A North Carolina Administrative Code 02B .0211 (12) 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 III. Wetland Standards Title 15A North Carolina Administrative Code 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;" Item IV. Failure to Secure a 401 Certification Title 15A NCAC 02H .0501 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC 02H .0502 states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources. You are requested to address the below items in writing within 30 days of receipt of this letter. 1. Stream Restoration Plans (Sediment Impacts) Sediment and gravel needs to be removed from the stream utilizing shovels and buckets. Sediment should be removed down to the native soil. No heavy equipment can be utilized in the stream/streamside area. Sediment that has been removed from stream needs to be secured upslope, landward of the 50-foot buffer and stabilized with thick vegetative cover. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 Milbumie Ridge Subdivision NOV-2022-PC-0084 Page 3 of 9 2. Removal of Fill The sediment in the wetland, as detailed above, must be removed in order to ensure compliance with the Wetlands Standard Rule Title 15A North Carolina Administrative Code 02B .0231 (b). 3. 401 Water Quality Certification a. If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACE) for information on the type(s) of permit required. Application to DWR for a 401 Water Quality Certification will also be required. Please note that sediment impacts to streams are not permittable impacts. b. To apply for a 404 permit and 401 certifications, you must complete the Application Form (Pre - Construction Notification Form). Application forms and instructions are available online: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/application 4. Erosion control Please address the control measures that will be used for temporary stabilization/sediment control while this work is under way. Please provide a schedule with dates by which this work will be completed. As a part of your restoration plan, it is required that you include a permanent stabilization plan for the disturbed areas. 5. Plan and Schedule. Please provide a detailed schedule with dates explaining when the restoration will be accomplished. Please submit required materials to: Stephanie Goss Division of Water Resources 3800 Barrett Drive 1628 Mail Service Center Raleigh, NC 27699 This office requires that the violations, as detailed above, be abated immediately and properly resolved. Environmental damage and violations of North Carolina Administrative Codes have been documented for the subject site 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 $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Stephanie Goss at (919) 791-4256 or via email at Stephanie.Goss@ncdenr.gov. Sincerely, CDocu8lgned by: t BCDAQD825D4A48D. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Attachment 1 cc: Lyle Phillips, USACE Raleigh Regulatory Field Office (via email) Lauren Witherspoon, City of Raleigh, Engineering Services Department (via email) RRO files North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 M i I bumi a Ridge Subdivision NOV-2022-PC-0084 Page 4 of 9 Photographs 1 and 2: Sediment and removal of vegetation in Wetland W2 North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 M i I bumie Ridge Sixlivision NOV-2022-PC-0084 Pep 5 of 9 North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive 1 Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 M i Ibumie Ridge Subdivision NOV-2022-PC-0084 Page 6of9 North Carolina Department of Environmental Quality I DMslon of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 Photograph 7: Sediment, lage rocks and gravel in Stream A Milbumie Ridge Subdivision NOV-2022-PC-0084 Page7of9 North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 Milbumie Ridge Subdivision NOV-2022-PC-0084 Page 8 of 9 8 and 9: Sediment and I oas in Strearn A U man of culvert North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Fnvelope ID: 154E12A2-80D7-4096-96D8-A230F873E880 Milbumie Ridge Subdivision NOV-2022-PC-0084 Page 9 of 9 Phot 10 and 11: Sedi ment aid rocks in Stream A Downstream of culvert North Carolina Department of Environmental Quaky I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID 154E12A2-80D7-4096-9608-A230F873E880 Attachment 1: Milburnie Ridge Subdivision, Raleigh, Wake County IMPACT AREA B STREAM B IMPACT AREA E Legend: -Approx. locations of sediment in Wetland W2 -Approx. locations of sediment/gravel in Stream A NOV-2022-PC-0084 MN Iiiie liefl ICT AREA CID ill_iM LI O l li 7- gAA 00. 7:101i •era ,1 .'�II 1J�11n1��a air I ifitirk....4!--.......'4 4,10 Map provided by NCDEQ Division of Water Resources :: Locations are approximate and are provided for reference only :: '1 i DocuSign Envelope ID 154E12A2-80D7-4096-96D8-A230F873E880 N a7 Approx. location of downstream rock dams in Stream A N's0%CIAVERT MIRE V r•a } m CAAITAOE MOM STREAM A Approx. location of upstream rock dam in Stream A 1 4742COODC22TIC% OlVERT PLACED BEM E221122304,LE N EMOTE AO AMP*S3A Approx. location of unauthorized culvert in Stream A EAT ZONE 2 30' ZONE 1 BUFFS.. Impact Type LEGEND «swim PROPERTY LE LIMITS OF DISTURBANCE ROADWAY IMPACT AREAS c 1 f• ZONE 1 all) IONS 2 l701 STREAM IMPACT AREAS TEMPCRAY PERMANENT BUFFER ZONE IMPACTS Zone 1 Zone 2 ADADWAV NACT ?NOV dnpact Type ROADWAY WW1 STREAM IMPACTS TEMPORARY If 637N PERMANENT self 610M PERMANENT (NO LOW. 00 03N SAM 1 TELPORMT SHALL C AREAS ALL OE ALLOWED TO RCCBTAOLNOVCIVCOOTATION 7 CULVCRTO ARE TOIL CONSTRUCTED WRING are commas NO PER ME NAAAAND p[NO V A CIRTAIIATION6 BOHLER ENVIRONMENTAL IMPACT MAPS MILBURNIE RIDGE SUBDIVISION 3231 OLD MILBURNIE RD RALEIGH, NC 27616 N s6 �s � c •ti l0 IMPACT AREA B n II f 1. I _ F _ 1 l• 1 I _1 t II 11 1 11 1, II.. 1--` i1 1 I C I1111 ' y 1 ' ► 1 I �� ~ 1 I it 1 r 1i `41 n' 1 • 1 i I •■ '•' � ■' I 1- I 11 • _ • �1 J •• 1 I _ ` I I 1, 1 A I - 1 M1I_ h •ti �� • I I I - •A II li 5 _ - • _ 1 r+ ▪ iligii I1 ■ !i --va 7 ' A'ai• L-Trt .- 11,4pliC5 I —Tun _ r 1 r I• ' `` L I i�� ■ '— 7 4 6 1 1 • ■ ' ■ . 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