20060052 Ver 1_Notice of Violation_20060405

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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William F. Dunker
136 Triple J Lane
Mocksville, NC 27028
Alan W. Klimek, P.E. Director
Division of Water Quality
March 31, 2006
SUBJECT: CORRECTIVE ACTIONS REQUIRED
401 Water Quality Certification Requirements
Stream Standards
Project located on NC Highway 601, Mocksville
Davie County
Dear Mr. Dunker:
On March 28, 2006, Ms. Jenifer Carter and Ms. Sue Homewood from the Winston-Salem Regional
Office (WSRO), of the Division of Water Quality, revisited the subject project site to determine the
extent of impacts to surface waters. Observations indicated that approximately 1,075 total linear feet
of two unnamed tributaries to Bear Creek had been impacted by grading of the riparian area. As a
result of observations during this and two previous visits, the following violations were noted: 1)
failure to obtain a Section 401 Water Quality Certification, and 2) preclusion of best usage.
Failure to Obtain a Section 401 Water Quality Certification
The WSRO confirmed seven (7) rock check dams were installed instream, prior to the proper securing of a
Section 404 Nationwide Permit from the U. S. Army Corps of Engineers. Any activity that results in a loss of
use of stream functions including but not limited to fillin ,relocating, flooding, excavation, dredging and are
considered stream impacts requiring prior approval.
Preclusion of Best Usage
These impacts resulting from the grading of the riparian area without proper BMPs in place, and
placement of fill in waters represent a removal of best usage, which is a stream standard violation.
Specifically, 15A NCAC 2B.0211 (2) states that the preclusion of best usage, which includes aquatic
life propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture, represents a water quality standard violation.
Required Corrective Action
Prior to and during this visit, some corrective action had already taken place. Specifically, the site was
sprayed with hydroseed and hay to help stabilize the site. It was noted; however, that hydroseed was
also sprayed in the streams, which could potentially change the chemical and biological makeup of the
water, leading to violations of other water quality standards. This has already been discussed with Mr.
Dunker, who took full responsibility and agreed not to allow this to happen again.
North Carolina Division of Water Quality 585 Waughtown Street; Winston-Salem, NC 27107 Phone [phone]
Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Fax [phone]
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w uuam r . ~unxer
March 31, 2006
Page 2 of 2
Other corrective actions already taken include the placement of additional rock check dams to prevent
sediment from moving downstream of the project site, before an expected rain. While the intent was
understood, it must be noted that the Division of Water Quality does not allow instream measures of
any kind except in extenuating and emergency situations, and/or with prior approval. The idea is to
prevent sediment from reaching waters in the first place with proper BMPs (i.e. silt fences and
sediment traps).
The following additional actions are required:
Once the site is stabilized, all rock check dams must be removed. The site must remain stabilized
and backed up with proper BMPs to prevent further impacts to the streams. Great care must be
used when removing the rock to prevent unnecessary damage to the streambed. Heavy equipment
is not allowed in the streams.
2. Contact DWQ and/or the U. S. Army Corps of Engineers prior to any future work in or near the
streams. Please note that intermittent streams fall under the same jurisdiction as perennial streams
do. DWQ and the U. S. Army Corps of Engineers are the only ones qualified to make
determinations as to what is defined as a stream or wetland versus a drainage ditch.
3. Response to the previous NOV for failure to follow the approved plan and to monitor as required in
the NPDES stormwater permit is still required as per the letter, dated March 24, 2006.
Due to Mr. Junker's demonstrated desire to cooperate and to attain compliance, no further
enforcement action will be taken at this time. No written response is required, but the corrective
actions above must be taken. Please note that any continued or future violations may be subject to
enforcement and civil penalties of up to $25,000.00 per day, per violation.
If you have questions concerning this matter, or if we can be of assistance, please contact Jenifer
Carter or myself at [phone].
Sincerely,
t,0
Steve W. Tedder
WSRO Regional Supervisor
Division of Water Quality
cc: WSRO Files
SWP -Central Files
WSRO - DLR
Wetlands/401 Unit
NPS Assistance & Compliance Oversight Unit