NOV-2008-SS-0042 Ver 1_Notice of Violation_20081023

?OF WATF9O Michael F. Easley, Governor
William G. Ross Jr., Secretary
"o North Carolina Department of Environment and Natural Resources
> Coleen H. Sullins, Director
O .? Division of Water Quality
October 23, 2008
CERTIFIED MAIL #7006 2150 0000 3312 8314
RETURN RECEIPT REOUESTED
James Michael Browning
1606 Stacy Drive
Durham, NC 27712
Subject: NOTICE VIOLATION
NOV-2008-SS-0042
Incident #: 200802933
Browning Property
Parcel Number: 9976-00-83-5139
36 ° 23.82 N, -79° 04.33 W
Removal of Best Usage
Person County
Dear Sir:
On August 28, 2008, N.C. Division of Water Quality (DWQ) personnel Lauren Witherspoon
from the DWQ Raleigh Regional Office conducted a site inspection at the property located east of
the intersection of Mill Hill Road and Robertson Road in Person County, NC. The streams on the
site are unnamed tributaries (UT) to Richland Creek and Richland Creek, Class C waters, in the
Roanoke River Basin.
During the site inspection, DWQ personnel made the following observations:
• Approximately 30 feet of perennial stream channel (UT to Richland Creek) had been
impacted by the placement of 2 corrugated pipes, earthen fill, and wooden boards. Silt
fence at this location had been overtopped with rilling occurring at the crossing.
Sediment in the stream measured less than 2 inches in depth.
As a result of the site inspection, the following violation, detailed below, is noted:
Item I. Removal of Best Usage
15A NCAC 0213.0211 (2)
The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of
these uses on either a short-term or long-term basis shall be considered to be violating a water
quality standard.
N e
hCarolina
Noaturally
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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Page 2
Browning Property
October 23, 2008
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 buffer restoration to assist you with the
development and submittal of the following:
1. An explanation of why these impacts occurred without prior authorization.
2. Documentation depicting jurisdictional features (e.g. streams). A description and
quantification of the impacts to those jurisdictional features and your plans to avoid
further stream impacts on the site.
3. Please submit a Restoration Plan to this office for review and approval. You are
encouraged to secure a consultant to assist you with your plan development, permit,
certification and authorization necessary to achieve compliance. This plan should include
the following:
a. Stream Restoration Plan (culvert impacts) - Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channels to
include the removal of the additional culvert and associated fill. The streambed
must be restored to the original profile, the stream banks must be stabilized, and
any fill material must be removed.
b. Permit Application - If you wish for any impacts to remain in place, you must
apply for a 401 Water Quality Certification. Please note that sediment impacts to
stream are not permittable.
c. Include a detailed implementation schedule with dates explaining when the
stream restoration will be accomplished. It is important that you adhere to
this new plan once approved by DWQ and if you make any modifications to
it, that DWQ approve them.
Submit Requested Items To:
Lauren Witherspoon
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
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. Shout you have any
questions regarding these matters, please contact Lauren Witherspoon a 9) 7 1-4251.
i erely,
Danny /Regional Raleigh Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
Cyndi Karoly - 401 Oversight and Express Permits Unit
RRO - Water Quality Files