20050810 Ver 1_Notice of Violation_20080909

�F W ATF9 Michael F. Easley, Governor
01 Q William G. Ross Jr., Secretary
0 North Carolina Department of Environment and Natural Resources
r
1 -H Coleen H. Sullins, Director
p Division of Water Quality
September 9, 2008
CERTIFIED MAIL #70060810000260496539
RETURN RECEIPT REQUESTED O� ' �A4
Governors Club Limited Partnership
Mr. Dane L. Vincent
11197 Sam Snead Highway
Hot Springs, Virginia 24445
CERTIFIED MAIL #70062150000033128062
RETURN RECEIPT REQUESTED
Crosland Communities
Attn: Edmund L. Waddill, III
4000 West Chase Blvd, Suite 390
Raleigh, NC 27607
Subject: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-PC-0642
DWQ Project # 05-0810
Incident # 200801689
Governors Club Limited Partnership
Governors Village Pond Modifications
Chatham County
401 Water Quality Certification - Stormwater Condition Violation
Stormwater General Permit (NCG010000) Condition Violation
Dear Mr. Vincent and Mr. Waddill:
On June 26, 2008, Autumn Hoban from the Raleigh Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for the tract/project known as Governors Village
located off Farrington Mill Road, in Chatham County, North Carolina. On June 30, 2008, Natalie
Landry, from DWQ, conducted a site inspection of the level spreader, stream and wetlands in
response to the restoration work completed for the Notice of Violation issued on May 29, 2008.
On August 15, 2008, Autumn Hoban conducted an additional inspection and took photographs of
the Governors Village wet pond. The wet pond flows to waters of the state, an unnamed tributary
(UT) to Jordan Lake, Jordan Lake Watershed Protected Area, a Class WS (Water Supply) IV,
NSW -Nutrient Sensitive Waters, in the Neuse River Basin.
The following observations were noted during the DWQ inspections and file review:
On May 6, 2005, DWQ received an Individual Permit Application from Soil & Environmental
Consultants, PA for Mr. Dane Vincent of Governors Club Limited Partnership. Additional
correspondence followed on August 8, 2005. DWQ issued an Approval of 401 Water Quality
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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Governors Village Pond Modifications
Chatham County
Certification with Additional Conditions (Certification No. 3539) on September 30, 2005. On
May 26, 2006, DWQ received a request from Mr. Bob Zarzecki, Soil and Environmental
Consultants, PA for acceptance of the Governors Village Project into the Express Review
Program. On June 27, 2006 and June 30, 2006, DWQ received a response from a request for
more information and Governors Village Pond Modification from Mr. Mark Ashness, CE Group,
Inc. On July 5, 2006, DWQ issued an Approval of the Stormwater Management Program,
completing the DWQ review of the Governors Village Project under Section 401 of the Clean
Water Act.
DWQ observations during the site inspections show that the Governors Village wet pond has not
been maintained in accordance with the approved 401 Water Quality Certification, specifically,
the wet pond and level spreader have not been operated and maintained in accordance with the
Operations & Maintenance Manual (Attached) that was approved as part of the required
stormwater management in the 401 Water Quality Certification.
Photos of the condition of the wet pond and the level spreader taken on August 15, 2008 are
attached.
DWQ observations from the site inspections also include the fore bay of the pond, designed to
dissipate energy of concentrated inflow and provide additional volume for sediment
accumulation, appears to have adequate settling capacity. Algal growth has been observed
through the summer at the wet pond and at the level spreader. An aquatic, invasive plant was
observed in the pond. Several of the aquatic plants listed in the planting plan are not present at the
pond. Evidence of erosion and rilling on the banks of the pond and insufficient fescue
groundcover was observed. Some of the sediment loss from the erosion has built up on the
aquatic shelf. Some cattails are present in the pond and need to be removed. The trash rack is
collecting trash and debris as designed and needs to be cleaned. The trash rack is covered with
vegetation that needs to be removed.
DWQ observations from the site inspections also include that the level spreader is not providing
diffuse flow across the filter strip. The sod/vegetated filter strip is inadequate and most of the
sheet flow is over bare ground that is covered with algal growth.
The subject project has approved Erosion and Sedimentation Control Plan and is therefore subject
to the stormwater general permit NCGO10000. A stormwater general permit 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 approval for land disturbance of 1 acre or greater. Specifically, the stormwater
general permit authorizes the discharge of stormwater under the National Pollutant Discharge
Elimination System (NPDES) in accordance with Title 15A North Carolina Administrative Code
211.0100.
DWQ received a copy of an Erosion and Sediment Control Inspection Report from the Chatham
County Erosion and Sediment Control Program, dated August 4, 2008, for Governors Village
Pond Modifications. The Report stated that the site is not in compliance with the County
ordinance. Specifically, the reported noted, "At this time, approximately 60-80% of the sod that
was applied below the level spreader has died and is not providing stabilization as designed. As a
result of the inadequate stabilization, the discharge from the level spreader is beginning to
concentrate almost immediately and is beginning to cause rill erosion around and below the sod."
As a result of the site inspection and file review, the following violations, described below, are
noted:
`4

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Governors Village Pond Modifications
Chatham County
Item I. 401 Water Ouality Certification Condition Violation
Failure to meet the conditions of the Approved 401 Water Quality Certification/Stormwater
Management Plan.
The Approved 401 Water Quality Certification/Stormwater Management Plan states:
"The structural stormwater practices as approved by the DWQ 401 Wetlands Unit, as well as,
drainage patterns, must be maintained in perpetuity."
"The stormwater treatment system, which includes the wet detention pond, level spreader, and
vegetated filter strip, as approved by DWQ, and the drainage patterns depicted on the plan sheets,
must be maintained in perpetuity."
Item II. Stormwater General Permit (NCGO10000) Condition Violation
General Permit NCGO 10000
Part II, 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."
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. Submit an explanation of why the conditions of the Approved 401 Water Quality
Certification/Stormwater Management Plan, DWQ Project #05-0810, were not adhered
to, specifically address the condition of the operations and maintenance requirements of
the Governors Village wet pond, level spreader, and the status of the planting plan.
Provide the required periodic inspections, operations, and maintenance records required
by the Operations and Maintenance Manual. Describe how you will come into
compliance with the conditions and include a schedule for your compliance tasks.
2. Please submit answers to the following regarding the level spreader at the project site.
a. Provide an as -built drawing of the level spreader that includes the filter strip slope,
condition of filter strip vegetation, spreader lip slope, elevations across the entire
flow -spreading structure and discharge velocity. Describe any modifications or
deletions that differ from the approved design.
b. Clearly explain how diffuse flow will be re-established. If the level spreader cannot
be modified to allow for diffuse flow, provide an alternative plan that addresses the
stormwater generated by this project.
Submit Requested Items To:
Autumn Hoban
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609

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Governors Village Pond Modifications
Chatham County
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 Autumn Hoban at [phone].
Sincerely,
Danny Smith
Regional Supervisor
Surface Water Protection Section
Attachments
cc: Raleigh RO — Water Quality
Raleigh RO — Land Quality
John Hennessy- NPS Assistance and Compliance Oversight Unit
Ian McMillan- 401 Oversight and Express Permits Unit
Cyndi Karoly — 401 Oversight and Express Permits Unit
Water Quality Central Files
Jim Willis, Chatham County, PO Box 130, Pittsboro, NC 27312

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