NOV-2008-PC-0863 Ver 1_Notice of Violation_20090211

LT-WYWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
February 11, 2009
CERTIFIED MAIL #7006 2150 0000 3313 4728
RETURN RECEIPT REQUESTED
Shane Mitchell
650 Sandling Road
Franklinton, NC 27525
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0863
DWQ Project # 05-1814, Ver. 3
Brooksdale Subdivision Phase 2
36.1672°N, -78.5494°W
401 Water Quality Certification Condition Violations
Tar-Pamlico River Basin Riparian Buffer Violation
Granville County
Dear Mr. Mitchell:
On December 19, 2008, Lauren Witherspoon and Natalie Landry from the Raleigh Regional Office of the
Division of Water Quality (DWQ) conducted a site inspection for the tract/project known as Brooksdale
Subdivision Phase 2 located off of Flatrock Road in Granville County, North Carolina. The stream on the site is
an unnamed tributary (UT) to the Tar River, Class WS-V NSW waters in the Tar-Pamlico River Basin.
Accordingly, the following observations were noted during the DWQ file review:
Appian Consulting Engineers, PA submitted a Pre-Construction Notification (PCN) received March 3, 2006 on
behalf of Shane Mitchell. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit
39 and the corresponding General Water Quality Certification Number 3402 (GC3402). DWQ issued an approval
for the impacts dated March 13, 2006 (DWQ Project # 05-1814, Ver. 3).
The 401 Water Quality Certification (DWQ Project# 05-1814, Ver. 3) authorizes to place fill or otherwise impact
149.5 linear feet of stream and 13,660 square feet of protected riparian buffers. In addition, four (4) level
spreaders were included in this approval.
DWQ observations during the December 19, 2008 site inspection and file review include:
o Approximately 106 LF of stream had been impacted by culvert and fill;
o The 401 authorized 149.5 LF of stream impacts;
o The four (4) level spreaders had not been installed resulting in severe erosion around the headwalls and lack
of diffuse flow through the buffer;
NhCarolina
one
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. 401 Water Quality Certification Condition Violations
The 401 Water Quality Certification DWQ Project# 05-1814, Ver. 3 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, the following violations of conditions (see
attached 401 WQC) have occurred on the Brooksdale Subdivision Phase 2:
Condition 7: Culvert Installation
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream 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.
Condition 8: Diffuse Flow
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).
Item IV. Tar-Pamlico River Basin Riparian Buffer Violation
Tar-Pam Buffer - Diffuse Flow
15A NCAC 0213.0259 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and
reestablishing vegetation.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of
receipt. You are also encouraged to secure a consultant who specializes in stream restoration to assist you with the
development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams, buffers, and wetlands). A description
and quantification of all the impacts to those jurisdictional features and your plans to avoid further stream
and buffer impacts on the site.
2. Explain in your response how and when you anticipate being in full compliance with the 401 WQC
including when you are going to install the level spreaders and stabilize the stream banks around the
headwalls.
3. Please provide a correct depiction of the level spreader locations including the corresponding Level
Spreader number.
4. Streambank stabilization around headwalls - Please explain how you plan to stabilize the stream banks at
the crossing.
Include a detailed implementation schedule with dates explaining when the stream stabilization at the
headwalls will be accomplished. It is important that you adhere to this new plan once approved by DWQ.
If you make any modifications to the approved plan, DWQ must approve them prior to implementation.
Finally, please explain how you propose to prevent these problems from reoccurring on future projects.
Submit Requested Items To:
Lauren Witherspoon
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 described above, be
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 Witherspoon at [phone].
S- cerel ,
Danny Smith
Regional S ervisor
Surface Water Protection Section
cc: DWQ RRO file copy
John Hennessy, NPS Assistance and Compliance Oversight Unit
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
Gabi Jones - DLR RRO