20041858 Ver 1_Notice of Violation_20090113

?F w ATFi9 Beverly Eaves Perdue, Governor
Q Dee Freeman, Secretary
7 North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
p " '-C Division of Water Quality
January 13, 2009 1$ S
a5?aons
CERTIFIED MAIL #7007 2680 0001 8696 7308
RETURN RECEIPT REOUESTED
Green C.P. Estate
2004 Stone Street
Raleigh, North Carolina 27607
CERTIFIED MAIL #7007 2680 0001 8696 7315
RETURN RECEIPT REQUESTED
Horsecreek Associates, Inc.
Attn: Stephen Gould
833-A Wake Forest Business Park
Wake Forest, NC 27587
Subject: NOTICE VIOLATION
NOV-2009-PC-0017
DWQ Project # 04-1858
Patterson Woods Subdivision Ph 3-5/Green Estate Subdivision
Franklin County
-Neuse River Riparian Buffer Violation
-401 Water Quality Certification and Authorization
Certificate per the Neuse River Buffer Protection Rules
Violation
Dear Sirs:
On December 15, 2008 N.C. Division of Water Quality (DWQ) personnel Natalie Landry from
the Raleigh Regional Office conducted a site inspection at the Patterson Woods Subdivision Ph 3-
5 (also known as Green Estate Subdivision) located off US IA in Franklin County, North
Carolina. The stream on the site is an unnamed tributary (UT) to Richland Creek, Class C NSW
waters, in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review:
Rice and Associates submitted a Pre-Construction Notification (PCN) dated November 16, 2004
and additional information received on January 18, 2005 and February 16, 2005 on behalf of
Green C.P. Estate. The impacts were requested under U.S. Army Corps of Engineers Nationwide
Permit 14 and the corresponding General Water Quality Certification 3404. DWQ issued an
approval letter dated February 25, 2005 authorizing stream and buffer impacts (DWQ Project #
04-1858).
The 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse River Nolaturaily
Buffer Protection Rules (DWQ Project# 04-1858) authorizes 128 linear feet of stream and 11,791
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
Patterson Woods Subdivision Ph 3-5/Green Estate Subdivision
January 13, 2009
square feet of protected riparian buffer impacts associated with a road crossing. In addition, four
(4) level spreaders depicted on Culvert #1 Level Spreaders drawing (labeled LS# 117 through
120) were included in this submittal by Rice and Associates and approved by DWQ.
The December 15, 2008 site inspection revealed the following:
• Concentrated flow and gullies were observed in the Neuse Riparian Buffer below two of
the sediment traps;
• A riprap dissipater was not installed on downstream side of the culvert as shown on the
plans; and
• Level Spreaders LS# 117-120 were not constructed as shown on the plans.
As a result of the site inspection and file review, the following violations, detailed below, are
noted:
Item I. Neuse River Riparian Buffer Violation
The Neuse River Basin is subject to the riparian (streamside) buffer rules covered under North
Carolina Title 15A NCAC 02B .0233. The purpose of these rules is to protect and preserve
riparian buffers in the Neuse River Basin that help protect surface water by removing nutrients
from overland flow. The North Carolina buffer rules apply to areas immediately adjacent to
surface waters which includes intermittent streams, perennial streams, lakes, ponds, and estuaries.
The protected riparian buffer has two zones: Zone 1 is measured from the stream bank landward
for 30 feet. Zone 2 is measured an additional 20 feet landward from the outer edge of zone 1.
Both Zone 1 and Zone 2 consist of a stable vegetated area that is undisturbed except for activities
and uses provided for in item (6) of 15A NCAC 2B .0233 (4).
Neuse Buffer - Diffuse Flow - 15A NCAC 02B .0233 (5) (a) & (b) requires that:
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to
diffuse flow before the runoff enters Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to
impede the formation of erosion gullies.
Item II. 401 WQC and Authorization Certificate per the Neuse River Buffer Protection
Rules Violation
The 401 Water Quality Certification DWQ Project# 04-1858 approval letter specifies that the
activities must follow the conditions listed in the General Water Quality Certifications, as well as
additional conditions listed in the letter. Based on site observations and the file review, violation
of the following condition has occurred at the Green Estate Subdivision:
Additional Condition 4.
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified
within the 15A NCAC 2B .0233(5).

Page 3
Patterson Woods Subdivision Ph 3-5/Green Estate Subdivision
January 13, 2009
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are
encouraged to secure a consultant to assist you with your response development, permit,
cert ification and authorization necessary to achieve compliance.
1. Documentation depicting jurisdictional features (e.g. stream and buffers). A description
and quantification of the impacts to those jurisdictional features and your plans to avoid
further impacts on the site.
2. Please submit a Buffer Restoration Plan to this office for review and approval. This plan
should include the following:
a. The riparian buffer where gullies have formed and erosion is occurring must be
addressed. The riparian buffer in these locations must be restored. This plan
must include the stabilize techniques to be used, the types of native vegetation
selected, methodology of planting, and a site map indicating the location of the
replanting efforts.
Please explain in your response when and how you anticipate achieving compliance with
the 401 WQC and Neuse River Riparian Buffer Authorization. You can only be
compliant if the design of the level spreaders was approved by DWQ in the 401 WQC
and they are able to provide diffuse flow through the buffer. Provide a timeline that
includes deadlines for installing level spreaders and providing as-built drawings for level
spreaders. Drawings should show recorded stormwater easement locations.
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].
Since `1 ly,

Danny Smith
Raleigh Regional Supervisor
Surface Water Protection Section
Enclosures (2)
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
Cyndi Karoly - 401 Wetlands Unit
RRO - Water Quality Files
Gabi Jones-Land Quality Section
Robert W. Neeb, Registered Agent, 8210 Diazit Drive, Wake Forest, NC 27587
OF W ATF
O? 9pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
> r North Carolina Department of Environment and Natural Resources
--I
Alan W. Klimek, P.E. Director
Division of Water Quality
February 25, 2005
DWQ Project # 04-1858
Franklin County
Green C. P. Estate a 3 D 6
2004 Stone St. RG??
Raleigh, NC 27608 ?Q BAR 3 2005
Subject Property: Green Estate Subdivision
UT to Richland Creek [03-04-02, 27-21-(0.5), C NSW (nutrient sensitive)]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 128 feet of streams acid 11,791 square feet (ft) of protected
riparian buffers for the purpose of a road crossing at the subject property, as described within
your application dated November 16, 2004 and received by the N.C. Division of Water Quality
(DWQ) on November 18, 2004 and all additional information submitted and received by the
DWQ on January 18, 2005 and February 16, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number3404
(GC3404). The Certification allows you to use Nationwide Permit 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 LAMA 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 may be required to send us a new 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 15A NCAC 211.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
401 0versight/EVress Review Unit N?o`
.jhCarolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ARA(Mlly
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / intemet: htto://h lo.enr.state nc us/ncwetlands
Green C. P. Estate
Page 2 of 4
2/25/05
The Additional Conditions of the Certification are:
1. 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:
Amount Approved Plan Location or Reference
Stream 128 (feet) IE.1.I
Buffers 11,791 (square ft.) 1E.1.1
2. Erosion & Sediment Control Practices
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 North 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.
3. 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.
4. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B .0233(5).
5. Construction Stormwater Permit NCGO10000
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
Green C. P. Estate
Page 3 of 4
. 2/25/05
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://h 2o.enr.state. nc us/su/Forms Documents htm.
6. 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.
7. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
8. 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/Wetlands 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.
Green C. P. Estate
Page 4 of 4
2/25/05
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 John Dorney or Cyndi Karoly at 919-733-
1786.
Sincerely,
? Alan W. Klimek, P.E.
AWK/dae
Enclosures: GC 3404
Certificate of Completion
cc: Frederic D. Rash, P.E.-Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 041858GreenEstate(Franklin)401+buffer
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