20040913 Ver 1_Notice of Violation_20090128

f WA
orF
O? 9Q Beverly Eaves Perdue, Governor
G Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
> Coleen H. Sullins, Director
0 Division of Water Quality
January 28, 2009
CERTIFIED MAIL #7007 2680 0001 8696 7322
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-0072
DWQ Project # 04-0913
Patterson Woods Subdivision
Franklin County
-Neuse River Riparian Buffer Violation
-401 Water Quality Certification and Authorization
Certificate per the Neuse River Buffer Protection Rules
Violation
Dear Mr. Gould:
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
located west of US 1A 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:
Scott Mitchell of Spaulding and Norris, PA submitted a Pre-Construction Notification (PCN)
dated June 3, 2004 and received by DWQ on June 4, 2004 on behalf of Dr. A. N. Corpening. The
impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 39 and the
corresponding General Water Quality Certification 3402. DWQ issued an approval letter dated
July 30, 2004 authorizing stream and buffer impacts (DWQ Project # 04-0913).
The 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse River
Buffer Protection Rules authorizes 143 linear feet of stream and 20,841 square feet of protected
riparian buffer impacts associated with the construction of Patterson Woods Subdivision. In
addition, nine (9) level spreaders depicted on the Grading & Drainage Plan (labeled Drawing
C.4.0) were included in this submittal by Rice and Associates and approved by DWQ.
The December 15, 2008 site inspection revealed the following:
• Upstream of Culvert #5 on Camille Circle, an in-stream check dam, approximately 4
linear feet in length, was observed; and ,
N????onCarolina
?vWUA-14
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
January 28, 2009
• Level Spreaders #1-9 were not constructed as shown on the plans. Evidence of
concentrated flow was observed in the buffer.
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 H. 401 WQC and Authorization Certificate per the Neuse River Buffer Protection
Rules Violation
The 401 Water Quality Certification DWQ Project# 04-0913 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. Based on site observations and the file review, violation
of the following additional conditions has occurred at the Patterson Woods Subdivision:
Additional Condition 5
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 the 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.
Additional Condition 10
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.
Page 3
Patterson Woods Subdivision
January 28, 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,
certification 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. Remove check dam from stream.
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 and installation of the level spreaders is 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].
oince ely,
17 ?
Danny S h
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
Spaulding & Norris, PA, 972 Trinity Road, Raleigh, NC 27607
CA
N CDENR
North Carolina Department of Environment and Natural Resources
Dlvlslon of Water Quality
Michael F. Easley, Governor

July 30, 2004
Replaces Approval Issued on July 27, 2004
Dr. A. N. Corpening
141 E. Main Street
Youngsville, NC 27596
Subject Property: Patterson Woods Subdivision, US-1A, Youngsville, NC
UT to Richland Creek (03-04-02, 27-21, C NSW)
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-0913
Franklin County
Page 1 of 4
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Dr. Corpening:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 143 feet of streams and 20,841 square feet (ft2) of protected riparian buffers
for the purpose of constructing the proposed Patterson Woods Subdivision at the subject property, as
described within your application dated June 3, 2004 and received by the N.C. Division of Water Quality
(DWQ) on June 4, 2004. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to
use Nationwide Permit(s) 39 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 Permit. THIS APPROVAL SHALL REPLACE THE APPROVAL ISSUED
ON JULY 27, 2004.
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 Wethnda Certification Unit
1650 Me# service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree 8mlevard, Suite 250, Raleigh, North Carolina 27604 ?TOne
Plane: 919.733.1786 / FAX [phone] / Intemet: httoWh2o.enr.state, n . lncwetiands 1 0 Carona
- a Z( !t?
Dr. A. N. Corpening / DWQ Project No. 04-0913
Page 2 of 4
July 30, 2004
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
Units
Stream 143 (feet) Impact Site # 1 (Camille Circle)
erennial stream
404 Wetlands 0 (acres _
Buffers 14,091 (square ft.) Impact Area # 1 (Camille Circle)
Impact Area # 2 (utility installation)
Buffers Ln act Area # 3 USIA widenin
Approximately 5 ft. wide Walking Trail in Zone 2
6,750 (s ware ft .) around pond
2. Walking Trail - The 5-foot wide pine-straw walking trail proposed within Zone 2 of the protected
buffers around the existing pond as requested within the transmittal letter vided b Jeremy Taylor
P.L.S. of Rice & Associates on July 14, 2004 (received by, the DWQ on July 16, 2004) and including,
plans dated June 4, 2004 is hereby approved. The trail and ;any associated clearing limits shall not
extend within Zone 1 of the protected buffers. No impervio0s surfaces shall be located within the
buffers and the trail shall not exceed five feet in width. The remainder of the undisturbed areas of
Zone 2 shall be left in a vegetated state.
3. Water Quality Certification(s) - The proposed project must comply with all of the conditions of
General Water Quality Certification(s) (GC) 3402.
4. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http:/Ah2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project. The deed notifications must include language such that
the landowner is notified that the 50-foot buffer shall remain vegetated and no clearing within Zone 1
except for "exempt" uses in the rule.
5. Diffuse Flow (No Review) - 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 possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
6. Stormwater Easements - Stormwater easements shall be recorded for a distance of at least 10 feet on
each side of all stormwater conveyances and level spreaders on all lots containing these structures.
The stormwater easements shall allow for the ability to maintain the structures, perform corrective
actions as described above and within 15A NCAC 02B .0233(5) and shall provide protection of the
structures from potential alternations by future property owners.
Dr. A. N. Corpening / DWQ Project No. 04-0913
Page 3 of 4
July 30, 2004
7. 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 0.0233 and GC 3402.
8. 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.
9. 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.
10. 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.
11. 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.
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.
Dr. A. N. Corpening / DWQ Project No. 04-0913
Page 4 of 4
July 30, 2004
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 at 919-733-9646 or Bob Zarzecki at 919-733-9726.
AWK/bz
Enclosures: GC 3402
Certificate of Completion
Sincerely, c
V
Alan W. Klimek, P.E.
cc: Scott Mitchell, Spaulding & Norris, PA, 972 Trinity Road, Raleigh, NC 27607
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 040913

a
Ti?
6 Es
Hill
?1a ? f '1
lip lq
sit a
11,11?1 i1, iii! E y1I f i ? !?' ?•
Z
T iff IN, -Ill
U iprr[Elf
g
w

K its C9?9 ?-, m -
e-N
9g
r s ? ? M? ?