20010357 Ver 1_Notice of Violation_20070507 (2)

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 7, 2007
CERTIFIED MAIL #7006 0810 0002 6048 5311
RETURN RECEIPT REQUESTED
Triton Upchurch, LLC
Attn: Mr. Mike Jones
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
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Subject: NOTICE OF VIOLATION
Upchurch Farms Subdivision, Wake County, NC
NOV-2007-WQ-0026
Incident # 200701460
DWQ # 01-0357
Dear Mr. Jones:

On April 19, 2007, Annette Lucas and Lauren Cobb from the Raleigh Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection for the project known as the Upchurch Farms
subdivision, located at the end of Upchurch Farm Lane in Wake County, North Carolina. Specifically,
DWQ inspected the stormwater management facility and stream down gradient of the stormwater
management facility.
Inspection Results And Violations Noted:
The stormwater management facility was not constructed according to the plans and specifications that
Nvere approved by the DWQ to meet Condition Number 1 of the 401 Water Quality Certification issued
by the DWQ on May 9, 2002. In addition, the stormwater management facility has not been operated and
maintained according to the provisions of the si ned and notarized Operation and Maintenance
Agreement submitted to the DWQ on ugust 2, 2002 As a result of the site inspection and file review,
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the following violations are noted: CKCC -M S,ec Itl-%-? uYaz a`L?
1) 401 Water Quality Certification Condition Violations Sib mi- rn? c4+'- AvU 2 -
2) Other Waste (In-stream sediment)
Item 1. 401 Water Quality Certification Condition Violations
As part of the 401 Water Quality Certification DWQ # 01-0357 a Stormwater Management Plan was
approved by DWQ. Based on the approved plans the following conditions were observed:
Forebay:
The side slopes ofthe perimeter exceed the 3:1 slopes approved on the stormwater plan. These side
slopes are sparsely vegetated and do not have a ground cover of fescue as specified in the stormwater
N. C. Division of Water Quality 1628 Mail Service Center 919-791-4200 NorthCarolina
Raleigh Regional Office Raleigh, NC 27699-1628 FAX [phone] Natumllif
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Upchurch Farms
Wake County
management plan. The original stream channel that discharges to the forebay is eroding and is in need of
maintenance. In addition, the forebay is receiving runoff from a ditch that is not shown on the Stormwater
management plan. This ditch is eroding and is in need of maintenance.
Area between the forebay and the treatment area of the wet detention basin:
The flow of stormwater has been rerouted from the west side of the BMP (as specified on the plans
approved by the DWQ) to the east side of the BMP. This change should have been resubmitted to the
DWQ for approval. This area is extremely unstable and contributing sediment to the stormwater.
Stormwater flow is currently undercutting the natural area between the forebay and the treatment area. A
major repair and possibly a redesign is needed to stabilize the BMP and restore its function. DWQ
recommends either removing the natural area and creating a berm to separate the forebay from the
treatment area (preferred) OR installing a riseribarrel structure to convey flow from the forebay to the
treatment area. If the forebay and treatment area are to remain separate, a major repair will be needed to
stabilize the natural area and prevent all future undercutting through it.
Treatment area:
The permanent pool was not at the level specified in the stormwater plans approved by the DWQ. The
treatment area was largely drained, compromising the function of the BMP and creating an eyesore in the
community. The aquatic shelf was not vegetated according to the planting plan approved by the DWQ; in
fact, little or no vegetation was present on the aquatic shelf. In addition, two pipes that were not on the
plans approved by the DWQ were discharging directly to the treatment area without any pretreatment.
The side slopes of the perimeter of the treatment area also appeared to exceed the 3:1 slopes approved on
the Stormwater plan and these side slopes did not have a ground cover of fescue.
Outlet structure:
Due to the improper construction and maintenance of the wet detention pond, a large amount of sediment
had been deposited down slope of the outlet structure. The sediment has built up to a point where the
elevation of the rip rap apron is significantly higher than the outlet pipe, resulting in stormwater being
detained in the outlet pipe. The area where the outlet discharges needs to be dredged so that its elevation
is at or slightly below the invert of the outlet pipe and a new rip rap apron installed.
Level spreader:
The level spreader appeared to be designed and installed in accordance with the plans approved by the
DWQ. However, there were serious issues with maintenance. The areas up and down slope of the level
spreader were completely devoid of vegetation. In addition, a berm of sediment has been deposited
downslope of the level spreader, preventing diffuse flow (the purpose for which the level spreader was
constructed). The berm needs to be removed and the whole area stabilized with an appropriate ground
cover.
Item 2: Other Waste (In-stream sediment)
Sediment has been released into an unnamed tributary to White Oak Creek down gradient of the level
spreader and the outfall of the wet detention pond. There are accumulations of approximately 3 inches to
6 inches over a length of approximately 150 feet of stream from sediment.
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;
P.lac 3
Upchurch Farms
\\ Like County
Required Response:
You are directed to respond to this letter in writing within 30 days of receipt. You are also encouraged to
sceure a consultant who specializes in stream and buffer restoration to assist you with the development
and submittal of the following:
1. Plan outlining how you going to operate and maintain the stormwater management facility as it
was authorized by DWQ. Otherwise you must request that your stormwater management plan be
modified. If you choose to request that your stormwater management plan by modified, you must
contact the DWQ.
2. Please provide a map that exactly details the stream below the wet detention pond, and the length
of stream that was impacted.
3. Please submit the following documents for review and approval:
a. This plan must include a detailed assessment/delineation of sediment impacts and depth
measurements on site. This plan must include a map that exactly depicts stream down
gradient of the wet detention pond and a description and quantification of the impacts to
the streams.
b. Sediment in the stream at depths greater than two (2) inches must be removed and taken
to high ground and stabilized. Sediment must be removed manually using shovels and
buckets.
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
525,000.00 per day for each violation. Should you have any questions regarding these matters, please
contact Lauren Cobb at [phone].
Sincerely,
Charles Wakild, P.E.
Surface Water Protection Section
Raleigh Regional Supervisor
cc: RRO - Water Quality Files
Danny Smith - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Annette Lucas - Wetlands 401 Unit
Charles Brown - Town of Cary, 318 N. Academy Street, Cary, NC 27513
DWQ Water Q uality Central Files