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Home My WebLink About20201897 Ver 1_Notice of Violation (NOV)_20211215ROY COOPER Governor ELIZABETH S. BISER Seaetary S. DANIEL SMITH Director December 15, 2021 NORTH CAROLINA Environmental Qual!ty CERTIFIED MAIL #7020 3160 0000 4115 2596 RETURN RECEIPT REQUESTED NC Dept. of Agriculture and Consumer Services Attn: N. David Smith 2 West Edenton Street, Room 210 Street Raleigh, NC 27601. Subject: Notice'of Violation -Notice of Intent to Enforce NOV-2021-PC-0538 Stream Standard Violations Failure to Secure a 401 Certification Failure to Pay Compensatory Mitigation Project Athens, DWR Project #20201897 Address of Site: 5900 Chapel Hill Road, Raleigh Wake County Note: This is the 211 attempt to deliver this Notice. Dear Mr. Smith, MAILED On October 4, 2021, October 12, 2021, and October 25, 2021, staff from the Raleigh Regional Office (RRO) of the Division of Water Resources (DWR) conducted site inspections at the above referenced site. On October 4, 2021, Stephanie Goss and Colleen Cohn from the RRO conducted a 401-compliance evaluation inspection. The following observations and violations were noted during the site inspection and subsequent file review (See Attachment I for feature designations): • The stream labeled as Stream S 1 on Attachment 1 is an unnamed tributary to Richland Creek and is classified as Class C, Nutrient Sensitive Waters (NSW) in the Neuse River Basin. • Stream S 1 is depicted on the NRCS Soil Survey of Wake County and the USGS Topographic Map and is therefore subject to the Neuse Riparian Buffer Rules (15A NCAC 02B .07I4 (3)). • D WR staff observed approximately 10 linear feet of Stream S 1 was impacted by the addition of a plastic culvert, fill and rock in the stream channel. This activity resulted in severe impacts to the stream, the streamside area and the streambanks (Photographs 1 and 2). • A file review confirmed that a Pre -Construction Notification was received by DWR on April 6, 2021 'for this project and an Individual 401 Water Quality Certification (WQC) was issued on June.3, 2021. However, stream S 1 was not a thorized to be impacted by the installation of a culvert/filI under the approved 401 WQC. A. uffer Authorization was issued on June 3, 202I for impacts to the riparian buffers (only) at stream S 1 for a bridge crossing. • A file review confirmed that DWR has not received proof of payment for compensatory mitigation despite the requirement that until "proof of payment has been provided to this Office, no impacts specified in this (Buffer] Authorization Certificate shall occur." D Q�00 North Carolina Department of Environmental Quality I Dlvislon of Water Resources Raleigh Regional office 13800 Barrett Drive I Ralelgh. North Carolina 27609 919.791.4200 Project Athens NOV-2021-PC-0538 Page 2 of 7 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. 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. Item III. Buffer Authorization Condition_ Violation- _Failure to Pay Compensatory AUtisation The Buffer Authorization Certificate, DWR #20201897, states that 29,336 square feet of compensatory mitigation was required to be paid before impact shall occur. File review confirmed that proof of payment for mitigation to DWR has not been received as of the date of this letter. On October 12, 2021, Stephanie Goss from the RRO and Lyle Phillips from the U.S. Army Corps of Engineers conducted a site inspection due to the self -report of in -stream sediment on October 11, 2021 by Spencer Merritt with East West Partners via telephone. The following observations and violations were noted during the site inspection: DWR staff observed that due to the land disturbing activities on the parcel, sediment had been deposited into Stream S 1 for approximately 200 linear feet at a depth of approximately 2-3 feet (Photographs 4-8). DWR staff observed that due to the land disturbing activities on the parcel, sediment and gravel had been deposited into Zone 1 and 2 of the riparian buffer for approximately 130 linear feet at a depth of approximately 3 inches (Photographs 3-5). Item IV. 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;" On October 25, 2021, Stephanie Goss and Colleen Cohn from the RRO conducted a site visit at the above referenced site at the request of Eric Penley with Tennoca. The purpose of the site visit was to assess the in -stream sediment removal efforts. DWR staff observed the plastic culvert in stream S 1 had been removed and restoration efforts to remove the in -stream sediment were ongoing. You are requested to address the below items in writing within 30 days of receipt of this letter. 1. Riparian Buffer (Sediment Impacts) Sediment needs to be removed from the riparian buffer area utilizing shovels and buckets. Sediment should be removed down to the native soil. No heavy equipment can be utilized in the riparian buffer. Sediment that has been removed from stream/riparian buffer needs to be secured upslope, landward of the 50-foot buffer and stabilized with thick vegetative cover. 2. Stream Restoration Plans (Sediment Impacts) Sediment needs to be removed from the stream utilizing shovels and buckets. Sediment should be removed down to the native soil. No heavy . �North Carolina Department of Errvironmental Quality I Division of Water Resources Raleigh Reglonal office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORMEQ� __ 3/14#22, 8:25 AM USPS.comO - USPS Tracking® Results Tracking History January 5, 2022, 8:48 am Delivered RALEIGH, NC 27611 Your item was delivered at 8:48 am on January 5, 2022 in RALEIGH, NC 27611. January 5, 2022, 8:41 am Arrived at Post Office RALEIGH, NC 27611 January4, 2022, 8:13 am Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER January3, 2022 In Transit to Next Facility January 2, 2022, 11:58 pm Arrived at USPS Regional Facility GREENSBORO NC DISTRIBUTION CENTER December 18, 2021, 8:52 am Out for Delivery RALEIGH, NC 27610 December 17, 2021, 5:50 am Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER j-- - L - -- - -- December 16, 2021, 6:39 pm Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER Postal Service TM CERTIFIED MAIL@ RECEIPT Q" Domestic Mail Only Ln ru 7-Nau $ Extra Services & ees idretkbox oddlwe.epwoa,�al C3 QRetumRer�lpt{l:ardco ,a $ ,. 7 f d ,QAeavn ttoc�af {eixvuilc) S Postmark. C1, ❑GMhiodM4Pmw wDow" $ 1:3 QAda sbmbzu RmWhd -Frere Airy 5 7- PostageOAdLRSVk IJEPT. OFAGRICULTURE & CONSUMERSERVICES rr'IN: DAVID SMITHC3-EST EDENTON STREET; ROOM 210 ruIGH, NC2760142021-PC-o538/NOV-INTENTTOENFORCE/20211216 ! r` owsPROJECT P2o201as7/WAKE COUNTY -� REC: 7020 3160 0000 4115 2596 / nrt iz/15/202l httpp.//tools.usps.com/go/TrackGonfiirmAe ion?tRei=fullpage&tLc=2&text28777=&tLabels=70203160000041152596%2C