20010357 Ver 1_Staff Comments_20070702

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
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Subject: NOTICE Ol
Upchurch Fa
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NOV-2007-?.
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
were 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 signed and notarized Operation and Maintenance
Agreement submitted to the DWQ on August 2, 2002. As a result of the site inspection and file review,
the following violations are noted:
1) 401 Water Quality Certification Condition Violations
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 of the 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 919-7914200 iV,?,;`tttCaro a
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Raleigh Regional Office Raleigh, NC 27699-1628 FAX [phone] ?/Vl1tl><Cll! U
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Page 2
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:
rerouted from the west side of the BMP (as specified on the plans
The flow off,"
approved bye „DWVQ) tap "de 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 f1ow 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 riser/barrel 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 BUT 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
Page 3
Upchurch Farms
Wake County
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;
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 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
$25,000.00 per day for each violation. Should you have any questions regarding these matters, please
contact Lauren Cobb at [phone].
Sincerely,
Ch
es Waki d, 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 Quality Central Files
t
June 4, 2007

Ms. Lauren Cobb
N.C. Division of Water Quality
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
RE: Notice of Violation
Upchurch Farms Subdivision, Wake County, NC
NOV-2007-WQ-0026
Incident # 200701460
DWQ # 01-0357
Dear Lauren:
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This letter in to formally respond to the Notice of Violation our office received on May
15th, 2007, acknowledging that more information is still required regarding our approval
with DWQ. I appreciate you taking the time to meet with me, the engineer of the BMP
design and our ecological scientist both with BSC Rice.
I first want to make you aware this BMP was required by the Town of Cary to be used as
a sediment basin until all construction was completed. I have enclosed an email from
Charles Brown with the Town of Cary's erosion control division verifying that fact. At
the time of your inspection we were in the process of converting this pond from a
sediment basin to a BMP. At this time it has not been certified by an engineer nor
accepted by the Town of Cary as a BMP.
Item 1) I am sorry Annette Lucas was not able to attend our meeting, but I plan to
schedule another meeting with her to address all her concerns. Currently my engineer
and I need to research our approvals with DWQ because the BMP plan I had with the
Town of Cary's approval differed from the plan you had from DWQ's file. Many of your
comments regarding the BMP dealt with the differences in the two plans so I will contact
you, within 2 weeks after we research our approval process. Please note that the plan
DWQ had in it's file was our original design. When we noticed that the builder's
impervious surface per lot was larger than expected we tried to be proactive. The pond
was redesigned per DWQ's specifications to also treat the run off of Phase I & II of the
single family as well as the townhomes.
5660 SIX FORKS ROAD • SUITE 202 • RALEIGH, NC 27609 • 919-861-5299 • 919-861-5277 fax
It
Item 2) Regarding the in-stream sediment, it was my understanding, after closer
examination with you, that the sediment was a sand base and not the same soils from
where my construction work has taken place. Upon further investigation it appears the
sediment was coming from somewhere else up stream and no further action is required.
Please note that we understands DWQ's concerns and will do whatever is required to get
our BMP up to the standards needed to protect the run-off on this site. I will be in touch
as soon as we review our approvals. Thank you for your understanding and help in this
matter.
Sincerely,
Michael L. Jones
cc: Steve Rice
5660 SIX FORKS ROAD - SUITE 202 - RALEIGH, NC 27609 - 919-861-5299 - 919-861-5277 fax
Mike Jones
From: [e-mail]
Sent: Wednesday, May 16, 2007 8:09 AM
To: Mike Jones
Cc: [e-mail]
Subject: Upchurch Farms Pond
Mike,
I am sending this email as part confirmation that the pond at upchurch farms has been used as a temporary erosion
control device until the change over to the permanent structure the past few months. Thompson contractors have been
working to finish the pond to the final product. If you have any questions contact me at the below numbers.
Charles Brown
Stormwater Engineering Technician
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
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D E V E L O P M E N T
VIA: HAND DELIVERY
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June 15, 2007
Ms. Lauren Cobb JUN 1529
N.C. Division of Water Quaility II __ _ }
Raleigh Regional Office IGH REGION ''- rV ?CF
3800 Barrett Drive
Raleigh, NC 27609
RE: Notice of Violation
Upchurch Farms Subdivision, Wake County, NC
NOV-2007-WQ-0026
Incident # 200701460
DWQ # 01-0357
Dear Lauren:
This letter is to complement the earlier response to DWQ dated June 4th, 2007 regarding
Item 1 on the above referenced Notice of Violation. BCS Rice went through it's off-site
storage facility and informed me it could not located the plans dated July 2, 2002,
referenced in a letter from DWQ dated August 7th, 2002 sent by Cyndi Karoly for John
Dorney. It was our belief that those plans were the same plans that were approved by the
Town of Cary. After speaking with you on Thursday June 14th you said you had the
plans dated July 2, 2002 and they were different than the plans approved by Cary. It
became obvious that plans must have never been turned into DWQ for a revision of the
currently approved BMP.
I have since spoken with Annette Lucas and we are going to apply for a 401
Modification. We will start from scratch and supply Annette with a Wet Detention
Basin Worksheet looking at drainage area, impervious surface and runoff. We will also
provide a preliminary design. I currently have a meeting scheduled with Annette on
Monday, July 2"d, 2007 at 10:00am in her office and would invite you to attend. I cannot
predict how long the design process will take, but once we have an approved plan I will
be prepared to start that work within 30 days and follow it through completion.
Please contact me with any questions or concerns.
Sincerely,
1116
Michael L. Jones
cc: Steve Rice
5660 SIX FORKS ROAD • SUITE 202 • RALEIGH, NC 27609 • 919-861-5299 • 919-861-5277 fax