20060195 Ver 1_Notice of Violation_20080227

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 27, 2008
CERTIFIED MAIL # 7006 0810 0002 6049 5785
RETURN RECEIPT REQUESTED
Shearin Realty
Attn: J. Edward Shearin
7020 Zebulon Road
Wake Forest, NC 27587
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0145
NCR00073 8
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DWQ #06-0195
Pilot Ridge Subdivision
- 401 Water Quality Certification and Tar-Pamlico River Buffer
Protection Rules Authorization Condition Violation
- Other waste (In-stream sediment)
- Tar-Pamlico River Basin Riparian Buffer Rules
- Wetland standard violation
- Stormwater General Permit - NCGO10000 Violation
Franklin County
Dear Sir:
On February 20, 2008, Lauren Cobb from the Raleigh Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for a tract of land located south of Johnson Town
Road in Franklin County, North Carolina. The stream on the site is an unnamed tributary (UT) to
Norris Creek (Perrys Pond), Class C NSW waters, in the Tar-Pamlico River Basin. The site visit
and file review revealed that the subject project has an approved Erosion and Sedimentation
Control Plan and is covered by stormwater general permit NCGO10000.
As a result of the site visit and file review, Ms. Cobb made the following observations:
Violations of conditions 1, 2, 3, and 8 as defined in the DWQ approved 401 Water
Quality Certification and Tar-Pamlico River Buffer Protection Rules Authorization
(DWQ Project #06-0195) (see attached approval letter dated May 24, 2006).
Impacts to streams, wetlands, and buffers include:
o Crossing/Impact 1:
^ Sediment approximately 6 inches deep in approximately 201inear feet of
stream channel upstream of Crossing 1.
^ Sediment approximately 6-10 inches deep in approximately 2781inear
feet of stream channel downstream of Crossing 1. Northcarotina
^ Excavation of approximately 1001inear feet of stream channel ,NlltllClllll~
downstream of the Crossing 1.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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Page 2
Pilots Ridge
Franklin County
^ Removal of vegetation and earthen fill along approximately 100 linear
feet of stream channel downstream of Crossing 1. Buffer impacts
approximate 3,000 square feet.
o Between Crossings/Impacts 1 & 2:
^ Removal of vegetation along approximately 93 linear feet of stream
channel between Crossings 1 & 2. Buffer impacts approximate 2,790
square feet.
^ Sediment approximately 18-24 inches deep in approximately 1,750
square feet of wetlands.
o Crossing/Impact 2:
^ Sediment approximately 8-18 inches deep in approximately 1001inear
feet of stream channel downstream of Crossing 2.
o Crossing/Impact 3:
^ The amount of rip-rap lining the channel exceeded the 401 WQC by 25
linear feet.
o Crossing/Impact 4:
^ Sediment approximately 5 inches deep in approximately 500 square feet
of wetland up gradient of Crossing 4.
^ Sediment approximately 8-15 inches deep in approximately 3,380 square
feet of wetland down gradient of Crossing 4.
o Additional buffer impacts include 12,000 square feet around the pond near
Crossing 4 and 6,700 square feet along three stream channels.
A stormwater general permit (NCGO10000) is issued upon the approval of an Erosion and
Sedimentation Control Plan. This permit applies to projects that receive a Division of Land
Resources (or local delegated program) Erosion and Sedimentation Control Plan for land
disturbance of 1 acre or greater. Specifically, the general permit (NCGO10000) authorizes the
discharge of stormwater under the National Pollutant Discharge Elimination System in
accordance with Title 15A North Carolina Administrative Code 2H.0100.
Accordingly, the following observations and/or permit conditions violations (please see the
attached addendum for information about your permit) were noted during the Division of Water
Quality inspection:
During the inspection, a copy of the approved Erosion and Sedimentation Control Plan
was not observed on-site that available for review.
A rain gauge was not observed on the site at the time of inspection.
Rain gauge data and inspection records were not available on site during the inspection*.
*Project personnel not available during DWQ site inspection.
As a result of the site inspection and file review, the following violations, detailed below, were
noted:
(1) 401 Water Quality Certification and Tar-Pamlico River Buffer Protection Rules
Authorization Condition Violation
(2) Removal of Best Use
(3) Other waste (In-stream sediment)
(4) Tar-Pamlico River Basin Riparian Buffer Rules
(5) Wetland Standard Violation
(6) Stormwater General Permit - NCGO10000 Violation

Page 3
Pilots Ridge
Franklin County
Item I.401 Water Quality Certification and Tar-Pamlico River Buffer Protection Rules
Authorization Condition Violation
Summit Consulting Engineers, PLLC submitted aPre-Construction Notification (PCN) on behalf
of Mr. Ed Shearin (Shearin Realty) on May 15, 2006. The impacts were requested under U.S.
Army Corps of Engineers Nationwide Permit 14 and the corresponding General Water Quality
Certification 3404. DWQ issued an approval letter for the impacts on May 24, 2006.
The approval letter specifies that the activities must follow the conditions listed in the General
Water Quality Certifications, as well as additional conditions listed in the letter. However, based
on site observations and the file review, violations of conditions 1, 2, 3, and 8 have occurred on
the Pilots Ridge property. These also represent violations of Items II - VI below.
Item II. Removal of Best Use
Specifically, 15A NCAC 2B .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 ashort-term or
long-term basis." Please see the Requested Response section for details concerning how to
achieve compliance at the site.
Item III. Other waste (In-stream sediment)
15A NCAC 02B .0211 (3)f
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 IV. Tar-Pamlico River Basin Riparian Buffer Rules
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the Tar-Pamlico
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 .0259); 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 .0259). The purpose of these rules is to protect and preserve
riparian buffers in the Tar-Pamlico River Basin to maintain the nutrient removal functions of
these streamside areas necessary to protect surface waters.
15A NCAC 02B .0259 (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 V. Wetlands Standards Violation
15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;

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Pilots Ridge
Franklin County
(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.
Item VI. Stormwater General Permit - NCGO10000 Violation
A Stormwater general permit (No. NCGO1000) is issued upon the approval of an Erosion and
Sedimentation Control Plan. The stormwater general permit authorizes the discharge of
Stormwater under the National Pollutant Discharge Elimination System in accordance with Title
15A North Carolina Code 2H.0100. Your site is therefore subject to NCGO10000.
During the inspection, a copy of the approved Erosion and Sediment Control Plan was not on site
and available for review as required by NCGO10000 permit Part I, Section A (2). A rain gauge
was not observed on the construction site as required by Part I, Section B (1). Rain gauge data,
measured daily, and inspection records, collected weekly and after every 0.5 inch or greater of
precipitation, as required by Part I, Section B (1) and (3), respectively, were not inspected.
Project personnel were not available during the DWQ inspection. Facilities and systems of
treatment and control used by the permittee to achieve compliance with the conditions of the
general permit were not maintained as required by Part II, Section C (1).
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are also
encouraged to secure a consultant who specializes in buffer, stream, and wetland restoration to
assist you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams, wetlands, and buffers).
A description and quantification of the impacts to those jurisdictional features and your
plans to avoid further stream, wetland, and buffer impacts on the site.
2. Stream Restoration Plan -Please explain how you plan to restore the pattern, profile and
dimension of the impacted stream channel to include the removal of rip rap and restoring
the excavated stream channel. The streambed must be restored to the original profile and
the stream banks must be stabilized.
3. Stream and Wetland Restoration Plan (sediment impacts) -Sediment impacts to the
streams and wetlands onsite and downstream of the site must be removed. As a part of
this plan, you should provide the amount (depth) of material that has been deposited in
the 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.
4. A Riparian Buffer Restoration Plan to this office for review and approval. Please clearly
indicate the site conditions as they currently exist and how you propose to restore
the riparian buffers.
a. Riparian Zone planting -Please submit a Restoration Plan to this office for
review and approval. This plan must be developed to ensure that at least two
native tree species are planted at a density sufficient to provide 320 trees/acre
at maturity. This density is usually achieved by planting approximately 436
trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an 8 ft. x 8 ft. grid.

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Pilots Ridge
Franklin County
Please see the Guidelines or R~arian Buffer Restoration (October 2004) for
assistance in developingyouur plan (available on the web at:
http://www.nceep.net/news/reuorts/buffers.pdfl. Be sure to include the types
of native woody vegetation selected, methodology of planting, and a site map
indicating the location of the replanting efforts.
4. Permit Application - If you wish for any impacts to remain in place, you must contact the
U.S. Army Corps of Engineers (USAGE) and the DWQ to modify your current 404 and
401 permits. Please note that sediment impacts to streams and wetlands are not
permittable.
As listed above, the general permit requires (NCGO10000) inspection and record keeping
requirements for the project site. Accordingly, it is required that DWQ be provided a copy of rain
gauge data and weekly inspection/monitoringrepnrts related to your inspections of the approved
erosion and sedimentation control facilities for the past 3 months up to the date of receipt of this
letter. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches
are required as well. Also, provide information that shows that facilities and systems of treatment
and control are properly operated and maintained. Failure to provide this information constitutes
further violation of the subject stormwater permit.
This information must be hand delivered to the Regional Office at the address provided
below within 5 days of receipt of this letter and must include rain gauge data and monitoring
records through to the date of your written response to this letter. Your response must include the
following:
1. The events that resulted in your non-compliance with the above-mentioned stormwater
permit conditions.
2. When you anticipate being in full compliance with the stormwater permit. Information
describing your compliance with the minimum monitoring and reporting requirements as
requested above for each phase of the project. Specifically, you must provide the Raleigh
Regional Office copies of all monitoring records within 5 days of receipt of this notice.
This information must include the past 3 months of monitoring records through to the
date of your written response to this letter.
3. Evidence that temporary erosion control measures are in place and sediment pond outlet
structures are stabilized.
Include a detailed implementation schedule with dates explaining when the stream,
wetland, and buffer restoration will be accomplished. This schedule should include
a three-year monitoring plan to ensure that the streams and wetlands are restored.
It is important that you adhere to this new plan once approved by DWQ and if you
make any modifications to it, that DWQ approve them.
Finally, please explain how you propose to prevent these problems from reoccurring on
future projects.
Submit Requested Items To:
Lauren Cobb
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609

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Pilots Ridge
Franklin County
Thank you for your attention to this matter. 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. Should you have any
questions regarding these matters, please contact Lauren Cobb at [phone].
Sincer ly, ~
~ rI /) L
Danny Smi
Regional upervisor
Surface Water Protection Section
cc: NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Cyndi Karoli - 401 Oversight and Express Permits Unit
RRO -Water Quality Files

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Mr. Ed Shearin
Shearin Realty
7020 Zebulon Road
Wake Forest, NC 27587
Michael F. l~rrley, Goversor
William G. Ras 1r., Secretaty
North Carolina Department of Environment and Naraural Resources
Alan W. Klirnet, P.E. Director
Division of Water t~tasNty
May 24, 2006
DWQ Projedt # 06-0195
Franikitin County
Subject Property: Pilot Ridge Subdivision
Norris Creek [030301, 28-30-3, C, NSW]
REVISED Approval of 401 Water Quality Certification and Authorization Certificate per~the Taw
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Shearin:
You have our approval, in accordance with the attached conditions and those listed below, to plane fill
within or otherwise impact 0.132 acres of wetland, 348 linear feet of stream ,and 20,860 squarer -feet (ft2)
of protected riparian buffers (14,842 square feet Zone 1, and 6,018 square feet Zone 2) to constra~ct the
proposed residential subdivision on the subject property as described within your application daurbed
January 31, 2006 and received by the N.C. Division of Water Quality (DWQ) on February 6, 2Qtlb6, with
additional information received by the DWQ on March 27, 2006. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 344
(GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 (NW14) when issued by the
US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorizatiam
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, yt~, should
obtain or otherwise comply with any other required federal, state or local permits before you go athead
with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge
regulations. Also, tbis approval to proceed with your proposed impacts or to conduct impast~s to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Petnmit.
This certification and authorization replaces the April 17, 2006 certification and au[horizatiosc
This approval is for the purpose and design that you described in your application. If you changa your
project, you must notify us and you may be required to send us a new application. If the ro e
the new owner must be given a copy of this Certification and a royal letter and is thereb res ~ is sold,
complying with all conditions. If total fills for this project (now or in the future) exceed one ac~of le for
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 1 Ss.A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and generail
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts arts
approved including incidental impacts:
401 OversighUExpress Review Permits Unit _
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, NoM Carolina 27604
Phone; 919-733-1786 /FAX [phone] /Internet: htto://h2o.enr state nc us/ncwetlands
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Zone 1 TPBR Buffer Iii acts
Zone 2 TPBR Buffer Imnact_s
Sediment and Erosion Control:
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Amount A roved nits ~ Plan Location o~~Leference
0.132 acres FCN a e 8 of I
348 linear feet PCN a e 8 of 12
14,842 s uare feet PCN a e 11 of 1~~_
6,018 s uare feet PCN a e 11 of 12
2. 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 in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolira
Sediment and Erosion Control Planning aardDesign Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or acceed, the requirements specified in the most
recent version of the North Carolina Sedinaatt and Erosion Control Manual. The devices
shall be maintained on all construction site; borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borraatr pits associated with the project,
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be oa site at all times.
3. 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 404/401Peroit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that nn violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be: placed in wetlands or waters to the maximum eactert
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural Bade restored within six months of the date that the
Division of Land Resowces has released the projeclt;
5. Protective Fencing -The outside buffer, wetland or grater boundary and along the construction corridor
within these boundaries approved under this authoriization shall be clearly marked with orange warming
fencing (or sirnilaz high visibility material) for the airieas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with I S NCAC 2H,
Section .0500;
tli. --Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffent in order to assure compliance for future
wetland, water and buffer impact. These mechanistas~shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impaci ender this Certification Approval and
Authorization Certificate. A sample deed notificatio>, can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. Ttre text of the sample deed notification may be
modified as appropriate to suit to this project;

Sheazin Realty
Page 3 of 3,
May 24, 2006
Culverts required for this project shall be installed in such a manner that the original stream profiles
ark not altered. Existing stream dimensions (including the crosa'section dimensions, pattern, and
longitudinal profile) must be maintained above and below locatOns of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the: appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream
up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation. of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks,. adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip tap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Cert~cate of Completion form.
8. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.

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Certificate of Completion•
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Page 4 of 3 a, ~~
wTay 24,..2006. z:: .~ _
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9. Upon completion of all work approved withttl t~i~.401 Water Quality Certification of al2plicable ;,:~~,
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached ~j`
certificate of completiomto the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-165,
~:
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing, You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1 SOB of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
A WK/~m
Enclosures: GC 3404
Certificate of Completion
Sincerely,
~~
~'1 Alan W. Klimek, P.E.
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Summit Consulting Engineers, 1000 Corporate Drive, Suite ] O1, Hillsborough, NC 27278
Filename: 060195 Pi IotRidgeSp(Franklin~01_TPB Rrev