20060963 Ver 3_Notice of Violation_20071012

FWATF G-'T'F ~~-09103
Q 9 Michael F. Easley, Governor
Q O ~ William G. Ross Jr., Secretary
~ North Carolina Department of Environment and Natural Resources
~ r
_ =.t Coleen H. Sullins, Director
p ~ Division of Water Quality
October 12, 2007
CERTIFIED MAIL #7006 0810 0002 6050 0076
RETURN RECEIPT REQUESTED
Mr. Ken Ard
Amelia Parks, LLC-Wakefield Development Company
3209 Gresham Lake Road, Suite 160
Raleigh, NC 27615
Subject: Project - NCR000510
NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2007-PC-0707
Mr. Ken Ard
Wake County
Dear Mr. Ard:
The North Carolina Division of Water Quality (DWQ) conducted a recent inspection at
Renaissance Park (5-68-05, Wake County Pin Number 1702.13-13-4772), on September
11, 2007 in conjunction with the City of Raleigh Erosion and Sediment Control
Inspection. Autumn Hoban, Myrl Nisely, and Judy Garrett from the Raleigh Regional
Office of the DWQ Surface Water Protection Unit were present, as well as, Stephen
Leischner, from the City of Raleigh, Public Works Department, Stormwater Control.
Stephen Leischner concurred the day of the inspection that the site was in violation of the
Erosion and Sediment Control Plan. The violations of the Erosion and Sediment Control
Plan observed the day of the inspection prompted a return visit by Autumn Hoban and
Judy Garrett on September 12, 2007 to photograph and document the violations found on
the site. On September 13, the inspector met with Nathan Clark from Edge Development,
Inc. to review monitoring data required by the NCGO10000 permit. On the evening of
September 14, 2007, less than 2 inches of rain fell in the area, as documented the
following day by the rain gauge on-site. On September 15, 2007 more photos were taken
to document the impact of the violations to the waters of the state.
The waters of the state involved include:
UT to Walnut Creek [030402, 27-34-(4), Class C, NSW
UT to Swift Creek [030402, 27-43-5-(1.5), Class WS-III, NSW
N. C. Division of Water Quality Address Phone Number
Which Regional Office
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Wakefield Development Company
Wake County
The impact to the waters of the state include:
1) Sediment deposition ranging from 6 to 12 inches, and in some places greater than 12
inches, was observed along approximately 70 feet of an unnamed tributary of Swift Creek
(Class WS-III, NSW) at the New Tryon Road Stream crossing.
2) Sediment deposition of greater than 12 inches was observed starting at the outfall to an
unnamed tributary of Walnut Creek (Class C, NSW) at the #2 stormwater pond and
continuing downstream, where the sediment acts as a dam preventing the natural flow of
the creek. Please note sediment disposition ranging from 4 to greater than 12 inches was
observed along approximately 60 feet of the creek and the sediment deposition extends
downstream well beyond the documented location.
As a result of the site inspection and file review, the following violations, detailed below,
are noted:
(I) Removal of Best Use -Surface Water Quality Standard
(II) Neuse Buffer -Vegetation and Diffuse Flow
(III) NPDES General Stormwater Permit NCGO10000 Condition Violations
-Failure to follow Approved Erosion and Sediment Control Plan
-Failure to maintain Erosion Control Measures
-Failure to operate and maintain systems used to achieve compliance
-Failure to report
Item I. First Violation
15A NCAC 02B .0211 (2)
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 ashort-term or long-term basis shall be considered to
be violating a water quality standard.
Item II. Second Violation
15A NCAC 02B .0233 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow and reestablishing vegetation.
Concentrated runoff from new ditches or manmade conveyances must be converted to
diffuse flow before the runoff enters the Zone 2 of the riparian buffer. Periodic corrective
action to restore diffuse flow must be taken if necessary to impede formation of erosion
gullies.

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Wakefield Development Company
Wake County
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the
Neuse River Basin (intermittent streams, perennial streams, lakes, ponds and estuaries).
The protected buffer extends 50-feet landward from the landward edge of coastal marsh
(as identified by the Division of Coastal Management) or from the top of bank of any
feature shown as surface waters on either a paper copy of the soil survey maps prepared
by the Natural Resource Conservation Service of the U.S. Department of Agriculture or
the most recent version of the 1:24000 scale quadrangle topographic maps prepared by
the U.S. Geological Survey. The protected riparian buffer has two zones: Zone 1 consists
of a vegetated area that is undisturbed except for uses provided for in Item (6) of this
Rule (Title 15A NCAC 02B .0233); Zone 2 shall consists of a stable, vegetated area that
is undisturbed except for activities and uses provided for in Item (6) of this Rule (Title
15A NCAC 02B .0233). The purpose of these rules is to protect and preserve riparian
buffers in the Neuse River Basin to maintain the nutrient removal functions of these
streamside areas necessary to protect surface waters.
15A NCAC 02B .0233 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for
those uses provided for in Item (6) of this Rule.
Item III. Third Violation
The Sediment and Erosion Control Plan under G.S. 113A-57(4) and 15A NCAC
4B.0107(c) for Renaissance Park was issued by the City of Raleigh, a delegated local
land quality program, a NPDES General Stormwater Permit NCGO10000, administered
by Division of Water Quality (DWQ) was issued.
Inspections on September 11, 12, and 15 of 2007 revealed that the subject site was in
violation of 15A NCAC 4B.0113, failure to follow approved plan, and failure to maintain
erosion control measures as required by the NCGO10000 NPDES General Stormwater
Permit.
Part I, Section B: Minimum Monitoring and Reporting Requirements
Item 1 states that "All sediment and erosion control facilities shall be inspected by or
under the direction for the permittee at least once every seven calendar days and within
24 hours after any storm event greater than 0.5 inches of rain per 24 hour period."
Item 2, states that "Stormwater runoff discharges shall be inspected by observation for
stormwater discharge characteristics as defined below at the above frequency to evaluate
the effectiveness of the pollution control facilities and practices. If any visible off-site
sedimentation is leaving the site, corrective action shall be taken to reduce the discharge
of the sediments."
Item 3, states that, "the operator shall keep a record of inspections. Visible sedimentation
found off-site shall be recorded with a brief explanation as to the measures taken to
prevent future releases as well as any measures taken to clean up the sediment that has

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Wakefield Development Company
Wake County
left the site. This record shall be made available to DWQ or authorized agent upon
request."
August and September monitoring data was reviewed on September 13, 2007 with Edge
Development, Inc. The monitoring reports revealed sediment loss had occurred in
multiple locations at the site and was being reported each week on the monitoring reports.
However, the sediment loss was not immediately addressed with corrective action, nor
was the sediment loss being reported to the Division of Water Quality within 24 hours as
required.
Part II, Section C. Operation and Maintenance of Pollution Controls
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of the general permit.
Part II, Section E. Reporting Requirements
Item 2. "Anticipated Noncompliance - The permittee shall give advanced notice to the
Director of any planned changes in the permitted facility or activity which may result in
noncompliance with the General Permit Requirements.
Item 3. (a) The permittee shall report to the central office or appropriate regional office
any noncompliance which may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstance. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receipt of
this Notice. Your response should be sent to both this office at the letterhead address and
to Shelton Sullivan, at the Wetlands and Stormwater Branch, NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your
response should address the following items:
Item I. Removal of Best Use -Surface Water Ouality Standard Removal of Use
1. Please explain why these impacts occurred without prior authorization.
2. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional

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Wakefield Development Company
Wake County
features, and should include plans to avoid further stream and wetland impacts on the
site.
3. Please submit the following documents for review and approval:
Stream Restoration Plan (sediment impacts) -Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channels to
include the removal of sediment that was transported downstream of the UT to
Walnut Creek, as well as, the sediment and gravel transported downstream of the
UT to Swift Creek that is beyond the limits of what was approved in the original
401 Certification and subsequent 401 modifications with regards to the new
Tryon Road stream crossing impact. As a part of this plan, you should provide
the amount (depth) of material that has been deposited in the floodplain, streams
and any wetlands. This information should be depicted on a map you provide. It
is recommended that you use hand labor (buckets, shovels and wheelbarrows) to
remove deposited sediment from the stream channel. The sediment should be
removed from the channel, taken to high ground away from the stream channel
and stabilized. Also, the plan must address the measures that will be used for
temporary stabilization/sediment control while this work is under way. The
streambeds must be restored to the original profile, the stream banks must be
stabilized, and any fill material must be removed from the riparian zone.
a. Permit Application - If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACOE) for information on the
type(s) of permit required. Depending on the type of permits USACE
requires, application fora 401 Water Quality Certification/Modification to
DWQ will also be required. Please note that sediment impacts to streams are
not permittable.
b. Please indicate in your response a detailed schedule with dates explaining
when the restoration will be accomplished, and if you plan to seek a permit for
the permittable impacts, when an application will be submitted.
You are strongly encouraged to secure a consultant to assist you with your plan
development, permit, certification and authorization necessary to achieve compliance.
4. It is required that you contact the Division of Land Resources and the U.S. Army
Corps of Engineers. These contacts are necessary to ensure that your restoration
efforts are in compliance with the Sedimentation Pollution Control Act and Section
404 of the Clean Water Act.
Item II. Neuse Buffer -Vegetation and Diffuse Flow
1. Diffuse flow of runoff shall be maintained in riparian buffer by dispersing flow
and reestablishing vegetation.

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Wakefield Development Company
Wake County
a) Please explain your plan to maintain diffuse flow and reestablish vegetation.
Please forward any reports that document the date and location on the site that
the Neuse Buffer Rules were breached, and the resulting action to correct or
prevent further breaches.
b) Please describe in detail for the locations identified, the corrective action to be
taken, to prevent gullies and concentrated runoff (construction site sediment-
identified in the inspections) from new ditches or manmade conveyances
before the runoff enters the riparian buffer.
Item III. NPDES NCGO10000 Permit Condition Violations
1. Please detail the events that resulted in non-compliance with the NCGO10000
permit conditions. Specifically, the items explicated under the violations section
above.
-Failure to follow Approved Erosion and Sediment Control Plan
-Failure to maintain Erosion Control Measures
-Failure to operate and maintain systems used to achieve compliance
-Failure to report
a) Please explain when you anticipate being in full compliance with the
NCGO10000 permit conditions.
b) Please provide copies of all monitoring reports, inspections, and
observations of runoff at stormwater discharge outfalls completed for this
site during the dates from September 10, 2007 to October 18, 2007 for
Division of Water Quality review.
c) Finally, you should include the corrective measures you plan to take to
remedy the non-compliance and how you propose to prevent these
problems from reoccurring on this project and future projects.
Your above-mentioned response to this correspondence will be considered in this
process. This office requires that the violations, as detailed above, be abated
immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation.

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Wakefield Development Company
' ~ Wake County
Should you have any questions regarding these matters, please contact the Raleigh
Regional Office at 919-791-4200.
Sin ly,
r
~/" ~ ~ Y
Dannv Smi
Raleigh Regional Supervisor
Surface Water Protection Section
Enclosures
cc: Shelton Sullivan- NPS Assistance and Compliance Oversight Unit
Vicki Fuentes- RRO-401 Compliance
RO File Copy
DWQ Central Files
Gray Hauser- NC DENR-Division of Land Resources (DLR)
Ian McMillan-NCDENR-401 Permitting Unit
Ben Brown- City of Raleigh-Delegated DLR Program
Division of Forestry
U.S. Army Corps of Engineers
NRCS