20060712 Ver 1_Notice of Violation_20081203

F WAIF
9 Michael F. Easley, Governor
O? ?G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co -I Coleen H. Sullins, Director
4 . Division of Water Quality
December 3, 2008
CERTIFIED MAIL #7007 2680 0001 8696 7247
RETURN RECEIPT REQUESTED
Mr. James Latvala
Sawyer Homes, Inc.
2014 South Main Street, Suite 606
Wake Forest, NC 27587
Subject: NOTICE VIOLATION
NOV-2008-PC-0782
Mangum Farms Subdivision
DWQ Project# 06-0712
36°11'5.07"N, - 78°44'26.35"W
NCGO10000 Condition Violation
401 Water Quality Certification Condition Violation
Granville County
Dear Sir:
On October 20, 2008, N.C. Division of Water Quality (DWQ) personnel, Natalie Landry, from the
DWQ Raleigh Regional Office conducted a site inspection for the Mangum Farms Subdivision off of
Old Highway 75, Granville County, North Carolina. The stream on the site is an unnamed tributary
(UT) to Picture Creek, Class WS-IV NSW waters, in the Neuse River Basin.
A stormwater general permit (NCGO10000) 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 general permit (NCGO10000) authorizes the discharge of stormwater under
the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina
Administrative Code 2H.0100.
Accordingly, the site inspection and file review revealed 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 not observed on the site;
and
• A rain gauge was not found on the site.
On April 26, 2006, Timothy Stall of Site Technologies, Inc. submitted a Pre-Construction Notification
(PCN) to the DWQ on behalf of James Latvala, Sawyer Homes, Inc. The impacts were requested
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
Mangum Farms Subdivision
December 3, 2008
under U.S. Army Corps of Engineers Nationwide Permit 14 and the corresponding General Water
Quality Certification 3404. On June 7, 2006, DWQ issued an approval (DWQ# 06-0712) that
authorized impacts to 0.017 acre of wetland, 109 linear feet of perennial stream and 6,890 square feet
of Zone 1 Neuse River basin protected riparian buffers and 3,368 square feet of Zone 2 Neuse River
basin protected riparian buffers as described in the PCN.
In addition, the site inspection showed the following field conditions. The referenced culvert and level
spreader numbers are taken from the site drawings, dated 3/24/06, submitted by Site Technologies as
part of the PCN.
• Below Culvert #2, there is a check dam remaining in the stream for approximately 11 linear
feet. The riprap dissipator is not constructed on the downstream side of the culvert as specified
in the PCN. Level spreaders are not yet installed.
• Below Culvert #3, the riprap dissipator is not yet constructed. Level spreader is not installed.
• Below Culvert #4, the riprap dissipator is not yet constructed. Level spreader is not installed.
• Below Culvert #5, riprap dissipator is not yet constructed. Level spreader is not installed.
• At the end of Griffis Drive and in the vicinity of the future bike bridge, the temporary sediment
basin wall failed and is discharging sediment from the eroding side of the basin. Concentrated
flow was evident in the buffer. Level spreader is not installed.
• At Culvert #6, unable to determine if dissipator pad is installed because of sediment deposition.
• At Culvert #8, unable to determine if dissipator pad is installed because of sediment deposition.
• Below Culvert #10, swale is eroding and concentrated flow is evident in the buffer.
• Below Culvert #12, swale is eroding and silt fence is overrun with sediment. Concentrated
flow is evident in the buffer. A small amount of sediment deposition is in the buffer.
• The flared end section (FES) of Culvert #13 is scoured underneath. The riprap dissipater is not
constructed in accordance with the specifications (dimensions and rock size are not correct).
As a result of the site inspection and file review, the following violations are detailed below:
Item I. NCGO10000 Condition Violation
General Permit NCGO10000
Part I, Section A. No. 2
The permittee shall implement the 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 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.
Part 1, Section B. No. 1
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
indicators 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.
Page 3
Mangum Farms Subdivision
December 3, 2008
Item II. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project # 06-0712 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.
All construction activities, including the design, installation, operation and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
Condition 4 of the 401 WQC states that:
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade
restored within six months of the date that the Division of Land Resources has released
the project.
Condition 6 of the 401 WQC states that:
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B .0233(5). If this is not possible, it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. This may require additional approval
from this office.
Condition 7 of the 401 WQC states that:
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ
is automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in
the permit. If your project is covered by this permit [applicable to construction projects
that disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forrns-Documents.htm.
Requested 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 permitting and restoration to assist you with the
submittal of the following:
Page 4
Mangum Farms Subdivision
December 3, 2008
1. Documentation depicting all jurisdictional features (e.g. streams 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. Please provide a statement documenting that the approved Erosion and Sedimentation Control
Plan is on-site and available for review. A rain gauge must be properly installed as required by
the permit. Please provide a statement documenting the location of the rain gauge. Provide all
rain gauge data collected to include the past three months of monitoring through to the date of
your written response to this letter. If you do not have data, explain why. Provide inspection
records to include the past three months of monitoring records through to the date of your
written response to this letter. If you do not have records, explain why.
3. Please explain in your response when and how you anticipate achieving compliance with the
401 Water Quality Certification. Provide a timeline that includes deadlines for installing level
spreaders.
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 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].
rely,
Si
Danny Sm 7th
Raleigh Regional Supervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
DWQ RRO-file copy
Cyndi Karoly, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
Gabi Jones - DLR RRO

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4 "C
June 7, 2006
Mr. James Latvala
Sawyer Homes, Inc.
2014 South Main Street
Wake Forest, NC 27587
Subject Property: Mangum Farms Subdivision
Ut to Picture Creek (030401, 274-7-(2), WSIV, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0712
Granville County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Ivir. Latvala:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.017 acres of wetland, 109 linear feet of perennial stream, and 6,890 square
feet of Zone 1 Neuse River basin protected riparian buffers and 3,368 square feet of Zone 2 Neuse River
basin protected riparian buffers as described in your application dated April 13, 2006, and received by the
Division of Water Quality (DWQ) on April 26, 2006, for the purpose of constructing the proposed
residential subdivision. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to
use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you maybe required to send us anew application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in I SA
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
L Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Ovetsight/Express Review permitting Unit No*,l
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?/VlJ
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone. [phone] /FAX [phone] / Internet: htto://h2o.enr state nc u ncwetlands
An Equal OPPo?tunity/Affirmative Action Employer - 50% Roeycled/10% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Sawyer Homes, Inc.
Page 2 of 4
June 7, 2006
Amount Approved nits . Pl
on or Reference
404AVetland 0.017 acres PCof 12
Stream - perennial 109 linear feet PCof 12
A
Buffer -Zone 1 6 890 (square ft. PC1 of 12
page
Buffer - Zone 2 3,36 8 s uare R. PC1 of 12
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the A'orth Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project,
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B.0233 and GC 3404;
6. Diffuse Flow (No Review)
-4.
if
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
a.
Sawyer Homes, Inc.
Page 3 of 4
June 7, 2006
possible, it may be necessary to provide. stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hQ://h2o.enr.state.nc.us/su/Forms Documents.htm.;
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
a
Sawyer Homes, Inc.
Page 4 of 4
June 7, 2006
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification, and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
AWK/ijm
Enclosures: GC 3404
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Timothy Stall, Site Technologies, Inc., P.O. Box 1612, Oxford, NC 27565
Filename: 060712MangumFanmSD(Granville)401 NBR