20060060 Ver 1_Notice of Violation_20090211

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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 4735
RETURN RECEIPT REQUESTED
Crosswind Properties, LLC
Attn: Bill Wynn - Wynn Construction
1696 Hayes Road
Creedmoor, NC 27522
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0690
Dear Mr. Wynn:
DWQ Project # 06-0060
Chesleigh Subdivision Phase 2
36.12970°N, -78.5654°W
401 Water Quality Certification Condition Violations
Neuse River Riparian Buffer Violation
Stormwater General Permit (NCGO10000) Condition
Granville County
On December 16, 2008, Lauren Witherspoon from the Raleigh Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection for the tract/project known as Chesleigh Subdivision Phase 2 located off of
Lawrence Road in Granville County, North Carolina. The streams on the site are unnamed tributaries (UT) to
West Prong, Class WS-1V NSW waters in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review:
Summit Consulting Engineers submitted a Pre-Construction Notification (PCN) dated December 16, 2005 and all
additional information submitted and received by DWQ on May 2, 2006 on behalf of Crosswind Properties, LLC
- Mr. Bill Wynn - Wynn Construction. The impacts were requested under U.S. Army Corps of Engineers
Nationwide Permit 14 and the corresponding General Water Quality Certification Number 3404 (GC3404).
DWQ issued an approval for the impacts dated May 15, 2006 (DWQ Project # 06-0060).
The 401 Water Quality Certification (DWQ Project# 06-0060) authorizes to place fill or otherwise impact 296
linear feet of stream and 11,909 square feet of Zone 1 Neuse River basin riparian buffer and 6,120 square feet of
Zone 2 Neuse River basin riparian buffer. In addition, eight (8) level spreaders depicted on Drawing No. 13 of
the plans dated received by DWQ on May 2, 2006 were included in this approval.
The subject project has an approved Erosion and Sedimentation Control Plan and is covered by a stormwater
general permit (NCGO 10000). A stormwater general permit 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 stormwater general permit authorizes the discharge of stormwater under the
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North Carolina Division of Water Quality
Internet: www,ncwaterquality.org
Raleigh Regional office
1628 Mail Service Center
Surface Water Protection
Raleigh, NC 27699-1628
ehCarolina
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Page 2 of 2
National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina Administrative
Code 2H.0100.
Accordingly, the following observations were noted during the site inspection:
o Neither of the dissipator pads had been installed at either of the stream crossings;
o Level Spreaders 1, 2, and 6 had not been installed resulting in lack of diffuse flow through the
buffer;
o Severe erosion has occurred around the headwalls at Impact #I and Impact #2;
o A copy of the approved Erosion and Sedimentation Control Plan was not observed on the subject
site; and
o A rain gauge was not observed on the subject site.
As a result of the site inspection and file review, the following violations, described below, are noted:
1. 401 Water Quality Certification Condition Violations
II. Tar-Pamlico River Basin Riparian Buffer Violation
III. Stormwater General Permit (NCGO10000) Condition Violation
Item I. 401 Water Quality Certification Condition Violations
The 401 Water Quality Certification DWQ Project# 06-0060 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 Chseleigh Subdivision Phase 2:
Condition 4: 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).
Condition 8: 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.
Item II. 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.
Item III. Stormwater General Permit (NCGO10000) Condition Violation
Part I, Section B. No. 1, which reads, "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 indictors 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."
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Part I, Section A. No. 2, which reads, "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 I, Section B. No. 2, which reads, "Once land disturbance has begun on the site, stormwater runoff discharges
shall be inspected by observation for stormwater discharge characteristics as defined below at the frequency in #I
above to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is
leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of
sediments outside the disturbed limits."
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 and buffer restoration to assist
you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and buffers). 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.
3. Please provide a correct depiction of the level spreader locations including the Level Spreader number. In
addition, please include corresponding level spreader calculations.
4. Streambank stabilization around headwalls - Please explain how you plan to stabilize the stream banks at
Impact # 1 and Impact #2.
5. Explain in your response how and when you anticipate being in full compliance with the stormwater
general permit and your Erosion and Sedimentation Control Plan.
6. Please provide photographs of the rain gauge and a copy of the approved Sedimentation and Erosion
Control Plan maintained on the site and a written description of where on the site the rain gauge is
located.
7. Provide all rain gauge data collected to include the past four months of monitoring through to the date of
your written response to this letter. If you do not have data, explain why.
8. Provide inspection records to include the past four months of monitoring records through to the date of
your written response to this letter. If you do not have data, explain why.
9. Explain the steps taken to ensure future compliance with the Twenty-four Hour Reporting requirement.
Finally, please explain how you propose to prevent these problems from reoccurring on future projects.
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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].
$incer ly,
anny SmitZervisor
Regional Su 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