20020129 Ver 1_Notice of Violation_20090416

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
April 16, 2009
CERTIFIED MAIL #7008 1140 0002 6741 8971
RETURN RECEIPT REQUESTED
Fox Hill Farm, LLC
Attn: Randolph Fox
2726 Croasdaile Drive
Durham, NC 27705
Subject: NOTICE OF VIOLATION
NOV-2009-SS-0014
DWQ #02-0129
Fox Hill Farm Central Subdivision
Other Waste (in-stream sediment)
36°06'06"N 79°03'44"W
Orange County
Dear Mr. Fox:
On March 19, 2009, Natalie Landry from the Raleigh Regional Office of the Division of Water Quality (DWQ)
conducted a site inspection for the tract/project known as the Fox Hill Farm Central Subdivision on New Sharon
Road, Orange County, North Carolina. The stream on the site is Little Creek and three unnamed tributaries to
Little Creek, WS-II, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and inspection.
Mr. Todd Preuninger of Soil & Environmental Consultants, PA submitted a Pre-Construction Notification (PCN)
on or about January 28, 2002 on behalf of the property owner, Randolph Fox of Fox Hill Farm, LLC. The
impacts were requested under U.S. Army Corps of Engineers Nationwide Permits 14 and 39 and the
corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on or about April
8, 2002, DWQ Project# 02-0129. The approved impacts include the placement of fill in 0.02 acres of wetlands
and 390 linear feet of intermittent and perennial streams (including all stream stabilization measures) and 30,517
ft Neuse Buffers in order to construct a subdivision on the subject property.
DWQ observations during the site inspection show that the level spreader at Site Impact A is not being
maintained. At Site Impact B, there is sediment deposition in the wetland approximately 98 sq ft in area and
approximately 27 linear feet of sediment deposition in the stream channel, downstream of the crossing. At Site
Impact C, there is approximately 24 linear feet of sediment deposition in the stream channel, with depths ranging
from 4-12 inches, just below the crossing.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Wetlands Standards
15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases
impacts on existing wetland uses;
North Carolina Division of Water Quality Raleigh Regional Office
Internet: vwvw.ncwaterquality.org 1628 Mail Service Center
may not be present in amounts which may cause adverse
NorthCarolina
Natm llrk
Surface Water Protection Phone [phone] Customer Service
Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Fox Hill Farm
April 16, 2009
Page 2
(5) hydrological conditions necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient.and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Item II. Other Waste (in-stream sediment)
15A NCAC 02B.0211 (3)f
Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of
receipt.
1. Provide documentation depicting all jurisdictional features (e.g. streams and wetlands). Include a
description and quantification of the impacts to all those jurisdictional features on the site.
2. Streams and Wetland Clean-up Plan (sediment impacts) - Sediment impacts to the streams and wetland
must be removed. As a part of this plan, you should provide the amount (depth) of material that has been
deposited in the streams and wetland. This information should be depicted on a map you provide. It is
recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited
sediment. The sediment should be removed from the streams and wetland, taken to high ground and
stabilized. Also, the plan must address the measures that will be used for temporary
stabilization/sediment control while this work is under way.
Submit Requested Items To:
Natalie Landry
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
Natalie Landry at [phone]. If
racer ly,
f//'L
iannyy Smit
Regional upervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Ren Ivins, Orange Co Planning & Inspections Dept., POB 8181, Hillsborough, NC 27278
S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614