19981196 Ver 1_Notice of Violation (NOV)_19990205

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
February 5, 1999
-JAM6s 13. HUNT
Arbor Green Associates
attn: B. Kenneth Martin
P.O.Box 40068
Raleigh, NC 27629
Subject: Notice of Violation/Notice of Enforcement
Recommendation
Neuse River Buffer Rules
Wetland/401 Certification
NPDES NCGO10000
NBRRO-99-030
Wake County
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Dear Mr. Martin:
In response to a citizen's complaint Mr. Danny Smith from the Raleigh Regional
Office conducted a site visit of the subject project on January 14, 1999. It was
determined that certain features present on the Arbor Green Tract are streams and
therefore are subject to both the Neuse Buffer Rules and 401 Certification requirements.
(It should be noted that stream origin determinations
had been confirmed by DWQ staff for the project know as Arbor Green).
Mr. Smith observed that at several locations the riparian zone, the forested areas
adjacent to streams, had been impacted. That is, the forested vegetation had been
cleared and/or the landscape graded. This is a violation of the Neuse River Basin:
Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative Code T15A:02B.0233 which states the
following:
".0233-Existing riparian areas shall be protected and maintained in accordance
with Sub-Items (3)(a)-(e) of this Rule on all sides of surface waters in the Neuse River
Basin (intermittent streams, perennial streams, lakes, and estuaries) as indicated on the
most recent versions of United States Geological Survey (USGS) 1:24000 scale (7.5
minute quadrangle topographic maps or other site specific evidence). This rule applies
only to riparian areas where forest vegetation is established {as described in Sub-Item
3(a)} of this Rule as of July 22, 1997. This Rule does not establish new buffers in
riparian areas."
3800 BAR RETT DRIVE. SUITE 101 , RALEIGH. NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POST-CONSUMER PAPER
Exceptions to the requirements of this Rule for riparian areas are described in Sub-Items
(1) a-h of this Rule. Maintenance of the riparian areas should be such that, to the
maximum extent possible, sheet flow of surface water is achieved. Any activity that
would result in water quality standard violations or that disrupt the structural or
functional integrity of the riparian area are prohibited.
In addition, the riparian buffer is protected in two separate zones.
The Riparian Buffer issue aside, impacts to wetlands have occurred with out the receipt
of a 401 Wetland Certification. Also, it was observed that activities had resulted in the clearing
of portions of a stream side area for a sewer line. This violates the General Certification
condition for a NW 12 (utilities). The above mentioned wetland impacts and any future General
Certification Condition transgressions are violations of Section 401 of the Clean Water Act.
Also, this and/or additional violations can result in civil penalties or other legal actions. The
Central Office Wetland/401 Certification Group will detail this matter further in other
correspondence.
General Storm Water Permit NCGO10000
Mr. Smith observed that the subject site was in violation of General Stormwater Permit
NCGO10000. That is, with the approval of Erosion and Sedimentation Control Plans for projects
that disturb five or more acres, the sites are covered under the General Stormwater NPDES
Permit (NCG010000). This permit covers the associated Stormwater discharges from
construction activities. Further, this General Storm water permit is administered by the Division
of Water Quality. It should be noted that you are responsible for complying with the General
Permit requirements and are subject to enforcement by DWQ for any violation of the General
Permit.
A review of the General Permit (NCGO10000) conditions revealed that the subject site is
in violation of the following:
Part I, Section A: 2. The Permittee shall implement the plan (Sedimentation and Erosion
Control Plan), which has been approved by the approval authority. The approved plan is
considered a requirement of a condition of this general permit. Deviation from the approved plan,
or approved amendment to the plan, shall constitute a violation of the terms and conditions of
this general permit except that deviation from the approved plan will be allowed to correct an
emergency situation where sediments are being discharged off the site (even though the approved
plan is in effect). Such a deviation from the approved plan shall be noted on the approved plan
maintained at the job site. A signed copy of the approved plan shall be maintained on the site at
all times.
Part II Section E: Reporting Requirements

2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
Permitted facility or activity which may result in noncompliance with the general permit
requirements.
Within ten (10) days of the receipt of this correspondence please provide this Office with
information detailing how you propose to achieve compliance with the Neuse Buffer Rule. In
addition please specifically address why activities occurred in wetlands prior to receipt of a 401
Certification and how you propose to achieve compliance with the wetland issues. Also, please
explain why impacts to buffers occurred, despite the DWQ conducting site visits to confirm
stream origin locations and associated buffer protection. In addition, please explain why the
installation of the sewer line violated General Certification Conditions for NW 12.
This Office has discussed the Arbor Green site with Wake County Environmental
Services. It was explained that the Arbor Green Site was not in compliance with its approved
sedimentation and erosion control plan. Specifically, please detail why no sedimentation control
structure were installed for approximately two weeks after land disturbing activities occurred for
sewer line corridor. In addition, please provide this Office a copy of your approved
sedimentation and erosion control plan, any correspondence that demonstrates your
Sedimentation and Erosion Control Plan approval, a copy of your general stormwater permit
issued to you by Wake County, a discussion of your compliance status with the General
Stormwater Permit, and any other pertinent information that you feel warrants review by this
office.
This information will help this Office to determine the appropriate recommendation of
any action including possible civil penalty recommendation to the Director regarding the
violations of the Neuse Buffer Rules, 401 Certification, NPDES stormwater permit, and possible
future stream standard violations, that may occur.
Thank you for your attention to this matter. If this Office can be of any assistance or if
you have additional questions please call Danny Smith at [phone].
Sincerely
Kenneth chuster
Regional Water Quality Supervisor
h:\neubuff\arborgre
cc: RRO-File Copy
Wetland/401 Certification Group -John Dorney '
Corp of Engineers -Raleigh Field Office - Mr. Todd Tugwell
Wake County-Environmental Services - Mr. Jack Taylor
RRO -DLR/John Holley
Soil and Environmental Consultants