SS-2006-0007 Ver 1_Notice of Violation_20090116

F WATF
\O?? 9oG Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
C North Carolina Department of Environment and Natural Resources
J ?
Coleen H. Sullins, Director
Division of Water Quality
January 16, 2009
CERTIFIED MAIL #7006 2150 0000 3313 4674
RETURN RECEIPT REQUESTED
CERTIFIED MAIL #7006 2150 0000 3313 4681
RETURN RECEIPT REQUESTED
Mr. Jeff Adcock
Adcock's Nursery
6141 Sunset Lake Road
Fuquay-Varina, NC 27526-8605
CERTIFIED MAIL #7006 2150 0000 3313 4698
RETURN RECEIPT REQUESTED
Mr. Matthew F. Hanchey
Hunton & Williams, LLP
P.O. Box 109
Raleigh, NC 27602-0109
Mr. Barrett L. Kays
Landis, Inc.
P.O. Box 30069
Raleigh, NC 27622-0069
Subject: Adcock Restoration Plan review indications
DWQ Case No. SS-2006-0007
Wake County
Dear Sirs:
The Division of Water Quality (DWQ) Raleigh Regional Office received your revised
remediation plan for Adcock's Nursery via email on October 17, 2008. The DWQ Raleigh
Regional Office cannot approve the plan based on the information provided.
During the preliminary review of the Draft PCN application that was attached to the email
dated October 17, 2008, it was determined that Adcock's Nursery proposes temporary
impacts associated with the currently impacted areas, as well as 0.10 acre of permanent
wetland impacts. In order for the 0.10 acres of impacts to remain, a 401 Water Quality
Certification and a 404 Permit must be obtained. The DWQ letter dated August 20, 2008
states that "if a 401 Water Quality Certification is required, a complete application and
appropriate fee must be submitted to the 401 Oversight/Express Review Permitting Unit".
This also includes the restoration plan to be approved during the PCN application review
process. However, the Landis email dated October 17, 2008 states that "once [DWQ has]
approved the remediation plan, [Landis] will submit the joint 404/401 permit application to
the COE [US Army Corps of Engineers] and DWQ". On the contrary, a complete 401
application including the PCN and associated maps and remediation plan should be
submitted to the 401 Oversight/Express Review Permitting Unit with the appropriate fee
for review and processing within 30 days of receipt of this letter. Anv annroval of the
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o. enr. state. nc. us 1628 Mail Service Center Raleigh, NC 27699-1628
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Page 2 of 2
Adcock Restoration Plan
Wake County
PCN and associated maps and remediation plan will be made by the 401 Oversight/Express
Review Permitting Unit with input from the DWQ Raleigh Regional Office and Non-Point
Source Assistance and Compliance Oversight Unit (NPSACOU) (due to their involvement
with this property).
The stream, buffer, and wetland restoration should commence within 60 days of the 401
WQC and stream restoration approval and should be completed within 120 days of the
approval. Should you, for reasons beyond your control, be unable to complete the work
within the time agreed upon, you may timely submit to DWQ a request for an extension of
the deadline.
Thank you for your attention to this matter. Should you have any questions regarding
these matters, please contact Lauren Witherspoon or myself at [phone] or Shelton
Sullivan at [phone].
jer' ly,
Danny Smith
Division of ater Quality
cc: NPSACO Unit - File Copy
RRO File Copy
Cyndi Karoly - 401 Wetlands Unit
Monte Matthews - USACE, Raleigh Regulatory Field Office 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587
Anita LeVeaux - Assistant Attorney General, NC Department of Justice, 9001 Mail
Service Center, Raleigh, NC 27699-9001
Wake County Erosion Control - 337 S. Salisbury St. Raleigh, NC 27601