20061416 Ver 1_NOV Response_20081013

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
October 13, 2008
S&EC Project No. 8126.W8
Ms. Natalie Landry
NCDENR-DWQ-Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Reference: Booth Mountain-NOV-2008-PC-0643
DWQ Project # 06-1416
Notice of Continuing Violation and Recommendation for Enforcement Response
Chatham County, NC
Dear Ms. Landry:
On behalf of Over Jordan, LLC and MacGregor Development Company, Soil and Environmental
Consultants, PA (S&EC) has been contracted to assist with resolution of the violations that have
been noted within the Notice of Continued Violation and Recommendation for Enforcement
(NOV) sent to Mr. Jerry Radman of Over Jordan, LLC and MacGregor Development Company,
concurrently, on September 10, 2008 and received by Mr. Radman on September 15, 2008. At
this time, we are unable to provide the detailed information that has been requested within the
September 10, 2008 NOV and are requesting an extension of time to respond to these noted
violations.
In the near future, I will be contacting you requesting a response extension deadline. If for any
reason the above request is not acceptable, please contact myself at dedwards[a).sandec.com or
Mr. Jerry Radman as soon as possible in order to discuss an amenable resolution to the noted
violations.
Sincerely,
Debbie Edwards
Environmental Specialist
Attachments: Notice of Violation-NOV-2008-PC-0643
Cc: Mr. Jerry Radman - MacGregor Developement
Mr. Mike Zaccardo - CE Group, Inc.
Mrs. Cyndi Karoly- 401 Oversight/Express Review Permitting Unit
Mr. Monte Matthews-USACE Raleigh Regulatory Field Office
Mr. John Hennessey-NPS Assistance and Compliance Oversight Unit
QF W ATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
y y., North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
LQ[Ua? T
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-.< Division of Water Quality
September 10, 2008
CERTIFIED MAIL #7006 2150 0000 3312 8079
RETURN RECEIPT REQUESTED
CERTIFIED MAIL #7006 2150 0000 3312 8086
RETURN RECEIPT REQUESTED
Over Jordan, LLC
Attn: Jerry Radman
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
MacGregor Development Company
Attn: Jerry Radman
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
Subject: NOTICE OF CONTINUING VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-PC-0643
DWQ Project # 06-1416
Booth Mountain
35.8193°N, -79.0587°W
401 Water Quality Certification Condition
Other Waste (in-stream sediment)
Stormwater General Permit (NCG010000) Condition
Chatham County
Dear Mr. Radman:
On August 27, 2008, Natalie Landry from the Raleigh Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection for the tract/project known as Booth Mountain between Lystra Church
Road (SR 1721) and Jack Bennett Road (SR 1717) in Chatham County, North Carolina. The stream on
the site is an unnamed tributary (UT) to Herndon Creek, Class WS-IV NSW waters in the Cape Fear
River Basin.
Accordingly, the following observations were noted during the DWQ inspection and file review:
DWQ issued a Notice of Violation for the subject property on March 11, 2008. Asa result of the site
inspection and file review at that time, the following violations were noted: 401 Water Quality
Certification Condition Violation, Wetlands Standards, Other Waste (in-stream sediment) and Stormwater
General Permit (NCGO10000) Condition Violation.
Ms. Debbie Edwards of Soil and Environmental Consultants, P.A. submitted a Pre-Construction
Notification (PCN) dated August 31, 2006 and requested additional information dated October 3, 2006 on
behalf of MacGregor Development Company. The impacts were requested under U.S. Army Corps of
Engineers Nationwide Permits 12 and 39 and the corresponding General Water Quality Certifications.
DWQ issued an approval for the impacts dated October 20, 2006, DWQ Project # 06-1416.
DWQ observations during the August 27, 2008 site inspection include:
¦ Unstable soils and inadequate BMPs at the temporary utility crossing at Herndon Creek and
associated wetland areas;
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
Page 2
Booth Mountain
Chatham County
¦ Slope failure and sediment deposition into the UT to Herndon Creek at Road Crossing 3;
¦ Ditches leading to Basin Al l are unstable as are the slopes of the basin. The outlet of the basin
failed and sediment entered the stream. Several bags of trash were observed at the basin; and
¦ Three basins at Lystra Road entrance are discharging turbid water. The basins are in desperate
need of maintenance.
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 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 in accordance with Title 15A North Carolina Administrative Code 2H.0100.
The site inspection and file review also showed that:
¦ The subject project has an approved Erosion and Sedimentation Control Plan and is covered by a
stormwater general permit (NCGO10000);
• A copy of the approved Erosion and Sedimentation Control Plan was found in the inspection box;
and
¦ A rain gauge was found on the subject site.
The Chatham County Soil Erosion and Sedimentation Department issued a Continuing Notice of
Violation of the Chatham County Sedimentation and Erosion Control Ordinance for the subject project,
dated August 20, 2008, for Failure to Provide Adequate Groundcover, Insufficient Measures to Retain
Sediment Onsite and Failure to Provide Additional Measures.
As a result of the site inspection and file review, the following violations, described below, are noted:
1. 401 Water Quality Certification Condition Violation
H. Other Waste (in-stream sediment)
111. Stormwater General Permit (NCGO10000) Condition Violation
Item I. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project# 06-1416 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. Based on site observations and the file review, violations of conditions 2, 3
and 9 occurred on the Booth Mountain property.
Item II. 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 M. Stormwater General Permit (NCG010000) Condition Violation
General Permit NCGO 10000
Part H. Section C. No. 1. Proper Operation and Maintenance
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.
Page 3
Booth Mountain
Chatham County
Part II, Section E, No. 3a. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated. time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30
days of receipt. You are also encouraged to secure a consultant who specializes in stream and wetland
restoration to assist you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and wetlands). A description
and quantification of the impacts to those jurisdictional features and your plans to avoid further
stream and wetland impacts on the site.
2. Stream and Wetland Restoration Plan (sediment impacts) - Sediment impacts to the streams and
wetlands 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 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 wetlands and the streams. The sediment
should be removed from the streams and the wetlands, taken to high ground and stabilized. Also,
the plan must address the measures that will be used for temporary stabilization/sediment control
while this work is under way.
3. 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.
4. Explain the steps taken to ensure future compliance with the Twenty-four Hour Reporting
requirement.
5. Provide all rain gauge data collected to include the past four months of monitoring through to the
date of your written response to this letter. If you do not have data, explain why.
6. Provide inspection records to include the past four months of monitoring records through to the
date of your written response to this letter. If you do not have records, explain why.
7. Explain in your response how and when you anticipate being in full compliance with the 401
Water Quality Certification, including all outstanding issues from the March 11, 2008 NOV. In
addition, provide an as-built drawing for Crossing 3, Permanent-Road crossing/culvert.
Include a detailed implementation schedule with dates explaining when the stream and wetland
restoration will be accomplished. This schedule should include a three-year monitoring plan to
ensure that the stream and wetland are restored. It is important that you adhere to this new plan
once approved by DWQ. If you make any modifications to the approved plan, DWQ must approve
them prior to implementation.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Page 4
Booth Mountain
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 Natalie Landry at [phone].
i
?inc rely,
1'7 C-
Danny Smitfi
Regional Supervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Water Quality Central Files
Monte Mathews, USACOE, 3331 Heritage Trade Drive, Ste105, Wake Forest, NC 27587
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
Jim Willis, SE&S Dept., 80 East Street, PO Box 130, Pittsboro, NC 27312

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