20070453 Ver 2_Notice of Violation_20081013

01 - a 453 v Z
OF W ATF9 Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
O?
0 7 North Carolina Department of Environment and Natural Resources
r
> Coleen H. Sullins, Director
p Division of Water Quality
October 13, 2008
CERTIFIED MAIL #7006 2150 0000 3312 8260
RETURN RECEIPT REQUESTED
Panther Rock, LLC
Attn: Pablo Reiter
6736 Falls of the Neuse Road, Suite 201
Raleigh, NC 27615
Subject: NOTICE VIOLATION
NOV-2008-PC-0689
Panther Rock Subdivision (Cheswick)
DWQ Project# 07-0453, Ver. 2
35.45673° N, - 78.31494° W
Wake County
- 401 Water Quality Certification Condition Violation
- Other waste Violation (Sediment in Stream)
- NCG010000 Condition Violation
Dear Sir:
On September 29, 2008, N.C. Division of Water Quality (DWQ) personnel, Natalie Landry, from
the DWQ Raleigh Regional Office conducted a site inspection for Panther Rock subdivision
located off of Hodge Road in Wake County. The streams on the site are unnamed tributaries
(UT) to the Neuse River, Class WS-N NSW waters, in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ inspection and file review:
On July 3, 2007, Keller Environmental, LLC submitted a Pre-Construction Notification (PCN) to
the DWQ on behalf of Panther Rock, LLC. The impacts were requested under U.S. Army Corps
of Engineers Nationwide Permit 29 and the corresponding General Water Quality Certification
3631. On August 23, 2007, September 10, 2007, and September 11, 2007 DWQ received
additional information. On September 19, 2007, DWQ issued an approval (DWQ# 07-0453, Ver.
2) that authorized impacts to 0.046 acre of 404 wetlands, 143 linear feet of perennial stream (113
permanent stream impact and 30 linear feet temporary impact), 7,750 square feet of Zone 1, and
5,000 square feet of Zone 2 Neuse River riparian buffer impacts.
Impact Area 1 (Sewer Xing I on PCN Page 5 of 10):
• DWQ authorized a temporary impact to 30 linear feet of stream channel.
• The field inspection identified 56 linear feet of riprap and earthen fill in the stream
channel.
One
Impact Area 2 (Road and Sewer Xing III on PCN Page 9 of 10): N?9
rffiCarolina
• DWQ authorized 4,100 square feet of buffer impacts at this aerial sewer crossing. Naturally
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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Panther Rock Subdivision
October 13, 2008
• The field inspection identified 13 linear feet of earthen fill and 28 linear feet of
excavation in the stream channel.
Impact Area 3 (Refer to Drawings of Impact Areas in the Approved PCN):
• DWQ authorized a permanent impact to 113 linear feet of stream channel to include a
drainage pipe and headwalls. No rip rap dissipater was required at this crossing.
• The field inspection identified erosion around the headwalls on both the upstream and
downstream ends of the 60" culverts. The culverts were perched (-8-10 inches above the
substrate of the stream). Scattered large riprap and sediment deposition (-2-8 inches in
depth) was observed in approximately 34 linear feet of stream channel upstream of the
culvert. Riprap and sediment deposition (-9 inches in depth) was also observed in
approximately 38 linear feet of stream channel downstream of culvert.
DWQ personnel observed no rain gauge or Erosion and Sedimentation Plans on-site.
As a result of the site inspection and file review, the following violations are detailed below:
Item I. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project # 07-0453, Ver. 2 approval letter specifies that
the activities must follow the conditions listed in the General Water Quality Certification, as well
as additional conditions listed in the letter.
Condition 2 of the 401 WQC states that "no waste, spoil, solids, or fill of any kind shall occur in
wetlands, water, or riparian areas beyond the footprint of the impacts depicted in the Pre-
Construction Notification."
Condition 7 of the 401 WQC states that "culvert(s) shall not be installed in such a manner that
will cause aggradation or erosion the stream up or down stream of the culvert(s)."
Condition 7 of the 401 WQC also states that the "placement of culverts and other structures in
water, streams, and wetlands must be below the elevation of the streambed by one foot for all
culverts with a diameter greater than 48 inches..."
Item II. Other Waste (in-stream sediment)
The documented in-stream sediment deposition is in violation of 15A NCAC 02B .0211 (3)f
which reads as follows:
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 III. NCGO10000 Condition Violations (see Addendum)
Part 1, Section B. No. 1, which reads, "All erosion and sedimentation control facilities shall be
inspected by or under the direction of the permittee at least once every seven calendar days (at
least twice every seven days for those facilities discharging to waters of the State listed on the
latest EPA approved 303(d) list for construction related indictors of impairment such as turbidity
or sedimentation) and within 24 hours after any storm event of greater than 0.5 inches of rain per
24 hour period. A rain gauge shall be maintained on the site and a record of the rainfall amounts
and dates shall be kept by the permittee.
Part I, Section A. No. 2, which reads, "The permittee shall implement the plan, which has been
approved by the approval authority. The approved plan is considered a requirement or condition
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Panther Rock Subdivision
October 13, 2008
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 (1) to correct an emergency situation where sediments are
being discharged off site or (2) when minor modifications have been made for the purpose of
improving the performance of the erosion and sedimentation control measures and notification of
the minor modifications has been made to the Division of Land Resources (or approved local
program). Such a deviation from the approved plan shall be noted on the approved plan
maintained on the job site. During active construction, a copy of the approved plan shall be
maintained on the site."
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are also
encouraged to secure a consultant who specializes in stream and buffer permitting and
restoration to assist you with the submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams, wetlands, and buffers).
A description and quantification of the impacts to those jurisdictional features and your
plans to avoid further stream and buffer impacts on the site.
2. Stream Restoration Plan (sediment impacts) - Sediment impacts to the stream must be
removed. As a part of this plan, you should provide the amount (depth) of material that
has been deposited in the stream. 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. The sediment should be removed from
the stream and 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. Please explain in your response when and how you anticipate achieving compliance with
the 401 Water Quality Certification.
4. A rain gauge must be properly installed as required by the Construction Stormwater
(NCG010000) permit. Provide a statement documenting the location of the rain gauge.
Provide all rain gauge data collected to include the past four months of monitoring
through 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
the date of your written response to this letter. If you do not have data, explain why.
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 detailed
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Panther Rock Subdivision
October 13, 2008
above, be abated immediately. 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].
JSince ely,
Danny Smit
Raleigh R6gional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
RRO - Water Quality Files
Cyndi Karoly, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
Debra Greene, Wake County Environmental Services, Sediment and Erosion Control,
336 Fayetteville Street, Raleigh, NC 27602
OF W ATF9 Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
A North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
p .? Division of Water Quality
Addendum
General Stormwater Permit NCGO100000 - Condition Violations
In conjunction with the receipt of the Erosion and Sedimentation Control Plan approval issued by the
Division of Land Resources, an NPDES general stormwater permit (NCGO100000) administered by the
Division of Water Quality (DWQ) was issued for your project. This General Permit allows stormwater
to be discharged during land disturbing activities as stipulated by conditions in the permit.
The following permit conditions are listed to assist you and to help bring your attention to certain permit
conditions requirements. A full copy of this permit (NCG010000) may be obtained on line at
http://h2o.enr.state.nc.us/su/Forms Documents.htm#StormwaterGP or at your request.
Part I. Section A (2): Final Limitations and Controls for Stormwater Discharges
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 or
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
deviations from the approved plan will be allowed (1) to correct an emergency situation where
sediments are being discharged off the site or (2) when minor modifications have been made for the
purpose of improving the performance of the erosion and sedimentation control measures and
notification of the minor modification has been made to the Division of Land Resources (or
approved local program). Such a deviation shall be noted on the approved plan maintained at the
job site. During active construction, a copy of the approved plan shall be maintained on the site.
Part I Section C (2): Schedule of Compliance
During construction and until the completion of a construction or development and the establishment of
a permanent ground cover, the permittee shall provide the operation and maintenance necessary to
operate the stormwater controls at optimum efficiency.
Part II Section E: 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 non compliance with the general permit requirements.
Part I., Section B: Minimum Monitoring and Reporting Requirements
1. All sedimentation and erosion control facilities shall be inspected by or under the direction for the
permittee at least once every seven calendar days (at least twice every seven days for those facilities
discharging to waters of the State listed on the latest EPA approved 303(d) list for construction
related indicators of impairment such as turbidity or sedimentation**) and within 24 hours after any
storm event greater than 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on
the site and a record of the rainfall amounts and dates shall be kept by the permittee.
(**note: The latest approved list may be obtained from the Division of Water Quality, or from
the following web site location: http://h2o.enr.state.nc.us/su/construction3O3d)
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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P' e Elnta an Re3tavat'
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2. Stormwater runoff discharges shall be inspected by observation for stormwater discharge
characteristics as defined below at the frequency in # 1 above to evaluate the effectiveness of the
pollution control facilities or practices. If any visible sedimentation is leaving the disturbed
limits of the site, corrective action shall be taken immediately to control the discharge of
sediment outside the disturbed limits. (see Stormwater Discharge Characteristics in the permit
which can be found at http://h2o.enr.state.nc.us/su/Fonns Documents.htm#StormwaterGP)
3. The operator shall keep a record of inspections. Visible sedimentation found off the site shall be
recorded with a brief explanation as to the measures taken to prevent future releases. Any measures
taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records
shall be made available to DWQ or authorized agent upon request.