20040331 Ver 1_Notice of Violation_20080609

OF WAT F9 Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
?, ? M Coleen H. Sullins, Director
Division of Water Quality
a-?? o? -033 t
June 9, 2008 6 0 U I aooii
CERTIFIED MAIL #7006 0810 0002 6049 3255
RETURN RECEIPT REQUESTED
Sherron Road Ventures, LLC
Attn: Mr. Jerry Radman
201 Shannon Oaks Cr Suite 201
Cary, NC 27511
Subject: NOTICE OF VIOLATION
NOV-2008- PC-0391
DWQ Project # EXP 04-0331
NCR00093 8
Sherron Road Ventures, LLC
Ravenstone Subdivision
35-58'17.81" N, 78-47'32.03" W
Stormwater General Permit (NCG010000) Condition
Failure to Obtain 401 Water Quality Certification
Removal of Best Usage
Other Waste (In-stream sediment)
Neuse Buffer - Vegetation
Neuse Buffer - Diffuse Flow
Durham County
Dear Mr. Radman:
On May 12, 2008, Natalie Landry from the Raleigh Regional Office (RRO) of the Division of Water
Quality (DWQ) conducted a site inspection for the tract/project known as Ravenstone Subdivision located
on Rondelay Drive, in Durham County, North Carolina. On May 23, 2008, Ms. Landry met on site with
an owner's representative, Chris Roberts from the Durham County Stormwater & Erosion Control
Division and other contractors employed by the owner. On May 27 and June 3, 2008, Ms. Landry
conducted additional site visits to complete the site inspection. The streams on the site are Lick Creek
and two unnamed tributaries (UT) of Lick Creek, all Class WS-IV Nutrient Sensitive Waters (NSW), in
the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ inspections and file review:
The subject project has approved Erosion and Sedimentation Control Plans and is therefore subject to the
stormwater general permit NCGO10000. 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 stormwater general permit (NCG010000)
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]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Ravenstone Subdivision
Durham County
authorizes the discharge of stormwater under the National Pollutant Discharge Elimination System
(NPDES) in accordance with Title 15A North Carolina Administrative Code 2H.0100.
A copy of the approved Erosion and Sediment Control Plan was found on the subject site. A rain gauge
was observed on site. DWQ requested a copy of all rain gauge data and weekly inspection/monitoring
reports related to the inspections of the approved sedimentation and erosion control facilities and all
corresponding inspections subsequent to rain events greater than 0.5 inches for the previous two months.
All records were provided as requested.
On May 30, 2008, DWQ received a copy of a Notice of Violation issued by the County of Durham, dated
May 28, 2008, for Ravenstone, Phase 2, Sections 2 & 4 citing the following violations: Failure to conduct
a land-disturbing activity in accordance with the provisions of an acceptable Sedimentation and Erosion
Control Plan, Failure to install such Sedimentation and Erosion Control devices and practices as are
sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the
tract during construction upon and development of said tract, Failure to maintain satisfactorily all
temporary and permanent Sedimentation and Erosion Control measures and facilities during the
development of a site, Failure to take all reasonable measures to protect all public and private property
from damage by such land-disturbing activities, Failure to permanently protect a receiving watercourse
from accelerated erosion caused by velocity of stormwater runoff resulting from a land-disturbing activity
and Failure, within 15 working days or 30 calendar days of completion of any phase of grading, to plant
or otherwise provide exposed slope with ground cover, devices, or structures sufficient to restrain erosion.
On May 30, 2008, DWQ received a copy of a Notice of Violation issued by the County of Durham, dated
May 28, 2008, for Ravenstone, Phase 2, Section 3 citing the following violations: Failure to conduct a
land-disturbing activity in accordance with the provisions of an acceptable Sedimentation and Erosion
Control Plan, Failure to maintain on graded slopes and fills an angle that can be retained by vegetative
cover or other adequate erosion control devices or structures, Failure to install such Sedimentation and
Erosion Control devices and practices as are sufficient to retain the sediment generated by the land-
disturbing activity within the boundaries of the tract during construction upon and development of said
tract, Failure to maintain satisfactorily all temporary and permanent Sedimentation and Erosion Control
measures and facilities during the development of a site, Failure to take all reasonable measures to protect
all public and private property from damage by such land-disturbing activities, Failure to permanently
protect a receiving watercourse from accelerated erosion caused by velocity of stormwater runoff
resulting from a land-disturbing activity and Failure, within 15 working days or 30 calendar days of
completion of any phase of grading, to plant or otherwise provide exposed slope with ground cover,
devices, or structures sufficient to restrain erosion.
Mr. Todd Preuninger of Soil & Environmental Consultants, PA submitted a Pre-Construction Notification
(PCN) (see Attachment A) on or about March 10, 2004 on behalf of the property owner, Mr. Jerry
Radman of Sherron Road Ventures, LLC. The impacts were requested under U.S. Army Corps of
Engineers Nationwide Permits 18 and 39 and the corresponding General Water Quality Certifications.
On May 28, 2004, DWQ issued a "Waiver of the 401 Water Quality Certification" for the plans to impact
waters as described in the application materials received on or about March 10, 2004 for DWQ Project#
04-0331.
The Waiver of 401 Water Quality Certification (see Attachment B), dated May 28, 2004, stated the
following: "...if additional impact occurs or your development plans change, this waiver is no longer
valid and a 401 Water Quality Certification and Neuse Buffer Rules approval will be required."
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Durham County
DWQ observations during the site inspections show
that the crossing of the perennial UT to Lick Creek,
identified as Impact Area #1A, is not constructed in
accordance with the plan submitted as part of the
PCN, specifically, the impacts exceed the 37 linear
feet of stream impact by an additional 21 linear feet,
the intercept structure (Photo 1) that was not
constructed in accordance with the plan detail shown
on drawing page 7 of 11 in the PCN and the device is
not functioning properly because it is blocked with
sediment and debris.
Photo 1 Intercept structure in perennial stream.
DWQ observations during the site inspections show
that the crossing of the perennial UT of Lick Creek,
identified as Impact Area #113 is not constructed in
accordance with the plan submitted as part of the
PCN, specifically, the construction of the
risers/skimmer outlet pipes and wing walls of the
skimmer basin are not shown in the plan drawings on
pages 2 or 8 of 11. The rip rap dissipater placed in the
stream and buffers of the UT of Lick Creek and in the
buffer of Lick Creek is not shown in the plan
drawings and resulted in the excavation and
placement of fill (stone) in a stream for
approximately 95 linear feet of the perennial UT (see
Photo 2), in addition to removal of vegetation and
non-diffuse flow in both stream buffers.
Photo 2 Stream in foreground, excavation and fill
in mid & background.
DWQ observations during the site inspections show that the crossing of the intermittent UT of Lick
Creek, identified as Impact Area #2, is not constructed in accordance with the plan submitted as part of
the PCN, specifically, the culvert was not installed at the angle in accordance with the plan detail shown
on drawing page 3 of 11 in the PCN, the impacts exceeded the 57 linear feet of stream impact by an
additional 85 linear feet and an additional culvert is installed. Level spreader #8 was not constructed in
accordance with the plan detail shown on drawing page 3 of 11 in the PCN. Approximately 39 linear feet
of the intermittent UT, upstream of the road crossing, is filled (earthen fill) and no bed or bank is
distinguishable. Approximately 40 linear feet of the intermittent UT downstream of the crossing is
excavated. Approximately 6 linear feet of the intermittent UT downstream of the road crossing is filled
with stone to create a check dam. Approximately 492 linear feet of the UT below the stone check dam
has sediment deposition as a result of construction activity with depths ranging from less than 2 inches to
14 inches with a maximum depth of 24 inches. Six large plastic buckets were observed in and around the
stream.
DWQ observations during the site inspections show that the crossing of the isolated channel of the UT to
Lick Creek, identified as Impact Area 3, is not constructed in accordance with the plan submitted as part
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Ravenstone Subdivision
Durham County
of the PCN, specifically, Level Spreaders #7 and #8 are not constructed in accordance with the plan detail
shown on drawing page 4 of 11 in the PCN.
DWQ observations during the site inspections show that the crossing of the intermittent UT to Lick
Creek, identified as Impact Area 4, is not constructed in accordance with the plan submitted as part of the
PCN, specifically, the construction resulted in the relocation of approximately 49 linear feet of the
intermittent UT upstream of the road crossing. An additional culvert was added that is not in accordance
with the plan detail shown on drawing page 5 of 11 in the PCN. Level Spreaders #12 and #13 are not
constructed in accordance with the plan detail shown on drawing page 5 of 11 in the PCN.
Approximately 30 linear feet of the UT below the crossing has sediment deposition as a result of
construction activity with depths ranging from 2 inches to 9 inches.
DWQ observations during the site inspections show that the crossing of the perennial UT of Lick Creek,
identified as Impact Area 5, is not constructed in accordance with the plan submitted as part of the PCN,
specifically, the impacts exceeded the 65 linear feet of stream impact by an additional 84 linear feet and
two additional culverts are installed. Approximately 22 linear feet of the intermittent UT upstream and
approximately 57 linear feet of the UT downstream of the crossing is excavated. Approximately 475
linear feet of the UT below the crossing has sediment deposition as a result of construction activity with
depths ranging from 6 inches to 18 inches. Level Spreaders #3 and #20 are not constructed in accordance
with the plan detail shown on drawing page 6 of 11 in the PCN.
DWQ observations during the site inspections show that the storm drainage outlet that discharges in the
buffer of the intermittent UT to Lick Creek, located near the Rondelay Drive and Bandock Drive
intersection, is not allowing for diffuse flow.
As a result of the site inspection and file review, the following violation, described below, is noted:
1. Stormwater General Permit (NCGO10000) Condition
II. Failure to Secure a 401 Water Quality Certification
III. Removal of Best Usage
IV. Other Waste (In-stream sediment)
V. Neuse Buffer-Vegetation
VI. Neuse Buffer-Diffuse Flow
Item I. Stormwater General Permit (NCGO10000)
General Permit NCGO10000
Part I, Section A. No. 2, which reads, in part, "The Permittee shall implement the plan, which has been
approved by the approval authority. The approved plan is considered a requirement or condition of this
general permit."
Part 1, Section A. No. 6, which reads, "The Permittee shall control the management and disposal of litter
and sanitary waste from the site such that no adverse impacts to water quality occur."
Part H, Section C. No. 1, which reads, "The permittee shall at all times 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 this general permit."
Item II. Failure to Secure a 401 Water Ouality Certification
Title 15A NCAC 2H .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 2H.0502 states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
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Durham County
Federal Water Pollution'Control Act shall file with the Director of the North Carolina Division of Water
Quality. The file review confirmed that a Pre-construction Notification has not been received by the
Division of Water Quality for additional impact or development plan changes for DWQ Project # 04-
0331, Ravenstone Subdivision.
Item III. Removal of Best Usage
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 a short-term or long-term basis shall be considered to be violating a water quality standard.
Item IV. 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 V. Neuse Buffer-Vegetation
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 VI. Neuse Buffer-Diffuse Flow
15A NCAC 02B .0233 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and
reestablishing vegetation.
Requested Response
The following information must be mailed or hand delivered to the Raleigh Regional Office at the address
provided below within 30 days of receipt of this letter.
1. Your written response you should describe the events that resulted in your non-compliance with
the above-mentioned stormwater general permit (NCGO10000) conditions.
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Durham County
2. Explain in your response how and when you anticipate being in full compliance with the
stormwater general permit and your Erosion and Sedimentation Control Plan.
3. Please explain when construction (excavation, grubbing, and clearing) began at the site.
4. 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 features, and should include plans to avoid further
stream, buffer and wetland impacts on the site.
5. Please submit the following documents for review and approval:
a. Stream Restoration Plan - Please explain how you plan to restore the pattern, profile and
dimension of the impacted stream channels to include the removal of fill* and riprap. The
streambed must be restored to the original profile, the stream banks must be stabilized, and
any fill material must be removed from the riparian zone. Replanting of the riparian zone
will be required. Within 30 days of completion of the restoration, submit as-built cross
sections, photos and text describing the restoration activity to the DWQ Raleigh Regional
Office. Establish a total of three cross sections, two cross sections in the restored segment
(one riffle and one pool) and one upstream (riffle) of the restored segment. This schedule
should include a three-year monitoring plan to ensure the stream has been restored and
stabilized. Monitoring reports must include photos and should be written and submitted once
per year by June 1" of each year you perform monitoring.
'Note: Fill material must be removed from streams, placed on high ground and stabilized.
This restoration effort must also be addressed in a manner that is in full compliance with the
Durham City-County Unified Development Ordinance (contact Chris Roberts for more
information), Division of Land Resources and the US Army Corps of Engineers.
b. Stream Restoration Plan (sediment impacts) - Sediment impacts to the streams 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 floodplain, stream 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.
c. Permit Application - If you wish for any impacts to remain in place, you must apply for a 401
Water Quality Certification. Please note that sediment impacts to streams are not
permittable. A PCN must be submitted within 30 days of receipt of this NOV.
d. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished, and the status of your PCN.
6. 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 a 8 ft. x 8 ft. grid.
Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in
developing your plan (available on the web at: http://www.nceep.net/news/reports/buffers.pdf).
This plan must include the types of native woody vegetation selected, methodology of planting,
and a site map indicating the location of the replanting efforts. Please clearly indicate the site
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Durham County
conditions as they currently exist and how you propose to restore diffuse flow in the riparian
buffer.
7. It is required that you contact the County of Durham Stormwater and Erosion Control Division,
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.
8. Finally, please explain how you propose to prevent these problems from reoccurring on future
projects.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as described
above, be properly resolved. 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 Natalie Landry at [phone].
Si ly,
?/? /XL /7
Danny
Smith
Regional Sup Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO - Land Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
John Dorney, DWQ, 401 Wetlands Certification Unit
Water Quality Central Files
Raleigh Regulatory Field Office, U.S. Army Corps of Engineers
Chris Roberts, Durham County, 120 E Parrish St, Durham, NC 27701
Bob Zarzecki, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614
John Schrum, Horvath, 16 Consultant Place, Ste 201, Durham, NC 27707