20051264 Ver 2_Notice of Violation_20090218

'470A
NCDENR
North Carolina Department of Environment and Natural
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
February 18, 2009
CERTIFIED MAIL #7006 2150 0000 3313 4773
RETURN RECEIPT REQUESTED
Alliance Construction & Development, LLC
Attn: Mr. John Gwynn
P.O. Box 6651
Raleigh, NC 27628
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0861
DWQ Project # 05-1264, Ver. 1
Stoneridge Subdivision Phase 2
36.0735°N, -78.5345°W
401 Water Quality Certification Condition Violations
Tar-Pamlico River Riparian Buffer Violation
Stormwater General Permit (NCG010000) Condition Violation
Franklin County
Dear Mr. Gwynn:
Dee Freeman
Secretary
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 Stoneridge Subdivision Phase 2 located off of
NC 96 in Franklin County, North Carolina. The stream on the site an unnamed tributary (UT) to Cedar Creek,
Class WS-II HQW NSW waters in the Tar-Pamlico River Basin.
Accordingly, the following observations were noted during the DWQ file review:
Soil & Environmental Consultants, PA submitted a Pre-Construction Notification (PCN) dated July 7, 2005 on
behalf of Alliance Construction & Development, LLC. The impacts were requested under U.S. Army Corps of
Engineers Nationwide Permit 39 and the corresponding General Water Quality Certification Number 3402
(OC3402). DWQ issued an approval to place fill within or otherwise impact 115 feet of streams dated August 1,
2005 (DWQ Project #05-1264). In addition, four (4) level spreaders at this crossing were included in this
approval.
A 401 WQC application dated August 30, 2005 was submitted as a modification of the previous approval. This
application (DWQ Project #05-1264, Ver. 2) requested that the previous 115 feet of stream impact be extended to
145 LF. However, this modification application was returned to the applicant on June 23, 2006.
Accordingly, the following observations were noted during the site inspection:
o Approximately 115 LF of stream had been impacted as result of culvert impacts at Impact # 1;
o The 401 authorized 115 LF of stream impacts which includes a 40-foot dissipator pad that had not
been installed;
o No level spreaders had been installed resulting in severe erosion, the instability of the&gadwalls,
and lack of diffuse flow through the buffer; No hCarolina
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Resources
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]
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Page 2 of 2
Stoneridge Phase 2
o Sediment was observed outside the limits of disturbance east of Impact #1 in the area identified as
a drainage easement on the PCN application.
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 National Pollutant Discharge Elimination System in accordance
with Title 15A North Carolina Administrative Code 2H.0100.
The site inspection and file review revealed that:
¦ The subject project has an approved Erosion and Sedimentation Control Plan and is covered by a
stormwater general permit (NCGO 10000);
¦ A copy of the approved Erosion and Sedimentation Control Plan was not observed on the subject site; and
¦ 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 Ouality Certification Condition Violations
The 401 Water Quality Certification DWQ Project# 05-1264 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 and GC3402) have occurred on the Stoneridge Subdivision Phase 2:
Condition 1: Impacts Approved
The following impacts are hereby approved as long as all of the other specific general conditions of this
Certification are met. No other impacts are approved including incidental impacts.
Amount Approved (Units) Plan Location or Reference
Stream 115 (linear feet) PCN
GC3402 Condition 9:
Design and placement of culverts including open bottom or bottomless arch culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in aggradation,
degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and
down stream of the above structures.
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
Page 3 of 3
Stoneridge Phase 2
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."
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 1, 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 # 1
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 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.
3. Streambank stabilization around headwalls - Please explain how you plan to stabilize the stream banks at
Impact # 1.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
Page 4 of 4
Stoneridge Phase 2
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].
;Since ly,
army Smit
Regional upervisor
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