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Home My WebLink About20090587 Ver 2_Notice of Violation_20141219AAZ4*AA,..t WDENR North Carolina Department nfEnvironment and Natural Resources Pat McCrory John E.SkVa[8.III Governor Secretary December 19, 2014 CERTIFIED MAIL #7010 0290 0003 0833 9090 RETURN RECEIPT REQUESTED NC Hwy 21IUI Attn: Joe Pastnna 21OO McKinney Ave. Ste 1550 Dallas, TX7S2O1 Subject: Notice ofViolation The Landing at Mill Creek Subdivision, SnmadmFerry OWQ Project #2QO9 0507 V2 Oms|omCoumty Dear Mr. Pastora: On May Z9,2814 the Division of Resources (DWR) issued a 401 Water Quality Certification under the General Certification No. 3890 which corresponds to the Section 404 Nationwide Permit No. 29 issued by the US Army Corps uf Engineers (USACE). The Section 404 Permit and corresponding 481Certificatipn authorized the discharge of fill material into 0.37 acres of jurisdictional wetlands and temporarily impact 0.02 acres of jurisdictional wetlands to access uplands within the subdivision. On December 9, 2014, Joanne Steenhuis and Jim Gregson of the Division of Water Resources, Wilmington Regional Office and on December 101h and December 17 th Joanne Steenhuis conducted an inspection of the Landing at Mill Creek Subdivision located off NC Highway 210,.in Sneads Ferry, North Carolina. Asa result nf the site inspection and file review, the following violations are noted: Item i Wetland Standards Violations Item N. 401 Water Quality Certification condition violation Item 1: Wetland Standard Violation Wetland disturbance corresponding tosedimentand0Uinvvetnndsandgetin8intqthevveUaodS beyond the permitted limits were observed. The additional fill in wetlands beyond the permitted impacts represents violations of the following North Carolina wetland standard which states: 1601 Mail Service Center, Raleigh, North Carolina 27600460M Pkoma A1Q-707-8GO0\ Internet: wmm*.ncdenr.gov An Equal Opportun[ty kAffirmativeAction Employer— Made in part by recycled paper NC Hwy 210, LLC Attn: Joe Pastora DWQ Project # 2009 0587 V2 December 19, 20014 Page 2 of 4 15A NCAC 2B .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. The investigator found additional impacts beyond what has been permitted behind the pump station, by lot # 357 (per the 401 permit plan) and down slope of wetland impact # 3. Sediment had gotten into the wetlands from the failure or lack of sediment and erosion control measures beyond the foot print of the permitted impacts, (permanent). Approximate additional impacts 0.02 acres. There were additional wetlands impacted by sediment from failed sediment and erosion control measures at the stormwater swale near the pump station and areas where the silt fences were full and had not been maintained. Item II. 401 Water Quality Certification condition violations General Certification # 3890 Condition # 1 states: No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification 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, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. The investigators found additional impacts beyond what has been permitted behind the pump station, behind the stormwater swale by the pump station, down slope of wetland impact #3 and by lot # 357. NC Hwy 210, LLC Attn: Joe Pastora DWQ Project # 2009 0587 V2 December 19, 20014 Page 3 of 4 General Certification # 3590 Condition # 2 states: 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: Design, installation, operation, and maintenance of the sediment and erosion control measures much be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and /or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery areas (PNAs), SA, WS -I, WS-11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. The Division of Energy, Mineral and Land Resources (DEMLR) had notified the DWR that there was sediment in wetlands behind the pump station via an e-mail dated December &, 2014. The 401 additional condition # 9 states: Wetland Boundary identification The wetland boundary must be clearly identified within 50 feet of the project corridor as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc) must be maintained until the project is complete. The investigators observed that there were wetland areas within 50 feet of the working project area that did not have the wetland boundaries identified. Required Response This Office requests that you respond to this letter in writing within 20 calendar days of receipt of this Notice. Please note, these violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Shelton Sullivan at the Wetlands and Buffers Unit, 1617 Mail Service Center, Raleigh NC, 27699 -1617. Your response in writing should address the following items: NC Hwy 210,LLC Attn: JoePagxrm DWQ Project o2OO9O587va December 19,D014 Page 4 of 4 1. An explanation of why these impacts occurred and how this will be avoided in the future; 2. A date of when the additional wetland impacts beyond what was permitted for will be restored. Please copy Brad Shaver ny the XJSArmy Corps w8 Engineers km your response. Thank you for your attention Wthis matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future vbwUmtlmmw are subject bn a civil penalty assessment wfmpdo$25,000.00 per day for each violation. Your abnvc-nuoo1ioocd response tothis correspondence will he considered iu this process. Should you have any questions regarding these matters, please contact Joanne Stcoobuiao19]O.798.73O6or vrznnut9|0.7p8.7386or Jim gson, Regional Supervisor C m regsor Wa�rOua|hv�g�na|Opembony�c�m Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: Inspection report cc: Shelton Sullivan -4O1 Wetlands and Buffers Unit Brad Shaver — USACE Wilmington Field Office 69 Darlington Avenue Wilmington, NC 28403 KadHammers — DEyNLRVViRO Dan Sams -DEK4LR-VNRO MSC 1b17 Central Files Basement VViRO