20021664 Ver 2_Notice of Violation_20080623

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? O Michael F. Easley, Governor
William G. Ross Jr., Secretary
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6? North Carolina Department of Environment and Natural Resources
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>_ Coleen H. Sullins, Director
Q Division of Water Quality
June 23, 2008 0a-
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MAIL #7007-0220-0000-8225-1837 g a3 2.00
RETURN RECEIPT REQUESTED
Sterling Cheatum, City Manager
City of Wilmington
P.O. Box 1810
Wilmington, NC 28402
Subject: Riley's Branch Drainage Improvements
NOTICE OF VIOLATION
NOV-2008-PC-0444
Compliance Evaluation Inspection
Construction Stormwater Permit - NCGO 10000 &
401 Water Quality Certification Inspections
NCR000959, DWQ # 2002-1664v2
New Hanover County
Dear Mr. Cheatum:
On June 19, 2008, Mr. Chad Coburn from the Wilmington Regional Office of the
Division of Water Quality and Mr. Gary Beecher of the Division of Land Resources
conducted a site inspection for the project known as Riley's Branch Drainage
Improvements, located off of Arbor Way in Wilmington, North Carolina. We met with
Mr. David Mayes and Mr. Keith Deloatch of the City of Wilmington whose assistance
was very helpful during the inspection. 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.
A Construction 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 (DLR) (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 (NPDES) in accordance with Title 15A
North Carolina Administrative Code 2H.0100.
In addition, this project was also inspected for compliance with the 401 Water
Quality Certification with Additional Conditions covered by certification numbers 3626,
3627, and 3631 granted on October 8, 2007.
The WQC approved the impact of 572 linear feet of perennial stream to complete
your project as described in your July 26, 2007, application.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
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Riley's Branch Drainage Improvements
New Hanover County
NOV-2008-PC-0444
The following violations and observations were noted during the Division of
Water Quality inspection:
1) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was
not on site and available for review.
2) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on site at the time of inspection.
3) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review.
4) Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were not on
site and available for review.
5) Maintenance of Erosion Control Measures (Part I, Section C: No. 2.1
According to the Notice of Violation from the NC Division of Land Resources dated
June 19, 2008, the project was cited for failing to maintain the erosion control measures.
6) Following the Approved Plan (Part I, Section A: No. 2.)
According to the Notice of Violation from the NC Division of Land Resources dated
June 19, 2008, the project was cited for failing to follow the approved plan.
7) Other Waste (In-stream sediment) - Sediment has been released into Riley's Branch,
which is classified as SA & HQW waters. There are accumulations of between 2 inches
to 12 inches of sediment over a length of approximately 146 feet of stream. This impact
represents a violation of 15A NCAC 2B .0211 (3) f, which states: 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;
8) 401 Water Quality Certification
A 401 Water Quality Certification with Additional Conditions covered by certification
numbers 3626, 3627, and 3631 was granted on October 8, 2007.
a) Condition 3 of the certification requires that the project be in "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" Per the
inspection report and Notice of Violation from the NC Division of Land
Resources and the subsequent inspection by the DWQ, the site is clearly not in
compliance.
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Riley's Branch Drainage Improvements
New Hanover County
NOV-2008-PC-0444
b) Condition 2 of the certification requires that, "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 Pre-Construction Notification. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur."
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. Your
response should include the following:
A statement documenting that the approved Erosion and Sediment Control Plan is
on-site and available for review and that a rain gauge has been properly installed
as required by the permit.
2. Include all rain gauge data collected from the date of land disturbance up to the
date of your response. If you do not have data, explain why.
3. Provide all inspection records from the date of land disturbance up to the date of
your response. If you do not have records, explain why.
4. List and explain all actions you have taken or plan to take to achieve full
compliance with the approved Erosion & Sedimentation Control Plan, the
Construction Stormwater general permit NCGO10000, and the 401 Water Quality
Certification. Include a detailed implementation schedule with a final date of
compliance.
Submission of a Stream Restoration Plan for our review and approval. Sediment
in the stream at depths greater than two (2) inches must be removed to high
ground and stabilized. Sediment must be removed manually using shovels and
buckets. The streambed must be restored to the original profile and the stream
banks must be stabilized where necessary. Also, include a detailed
implementation schedule.
This office requires that the violations, as detailed above, be immediately and
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 Chad Coburn at [phone].
Since ,
Edward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
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Riley's Branch Drainage Improvements
New Hanover County
NOV-2008-PC-0444
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 4010versight/Express Review Permitting Unit
Ian McMillan - 401 Oversight/Express Review Permitting Unit
Kim Garvey - USACE Wilmington Field Office
Gary Beecher - Division of Land Resources Wilmington
Dan Sams - Division of Land Resources Wilmington
David Mayes - City of Wilmington, 209 Coleman Drive, P.O. Box 1810,
Wilmington, NC 28402-1810
Tom Murray - WK Dickson, 720 Corporate Center Drive, Raleigh, NC
27607
Central Files
WiRO