20071976 Ver 1_Notice of Violation_20090323

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 23, 2009
CERTIFIED MAIL #70081140 0002 6741 8926
RETURN RECEIPT REQUESTED
Park Ridge Estates
Attn: Rudy C. Upton and Mr. James W. Raley
100 Keybridge Drive, Suite B
Morrisville, NC 27560
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0102
DWQ #07-1976
Park Ridge Estates Subdivision
Stormwater General Permit (NCGO10000) Condition
401 Water Quality Certification Condition
Wetlands Standards
Other Waste (in-stream sediment)
35.7910734°N 78.900119°W
Wake County
Dear Mr. Upton and Mr. Raley:
On February 4, 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 Park Ridge Estates subdivision on
Green Level Church Road, Wake County, North Carolina. The stream on the site is an unnamed
tributary to Bachelor Branch, Class WS-IV Nutrient Sensitive Waters (NSW), in the Cape Fear River
Basin.
Accordingly, the following observations were noted during the DWQ file review and inspection:
The file review and site inspection revealed that the subject project has an approved Erosion and
Sedimentation Control Plan and is covered by a stormwater general permit (NCGO10000).
A copy of the approved Erosion and Sedimentation Control Plan and rain gauge were not on the subject
site. Erosion and sedimentation control facility monitoring records were not found on site at the time of
the inspection.
On December 16, 2008, DWQ received a copy of a Notice of Violation for Park Ridge Estates issued by
the Town of Cary Engineering Department. The following violations were cited in the Notice of
Violation: Failure to protect, failure to protect exposed slopes, failure to provide adequate cover and
failure to maintain slopes. NorthCarolina
Natmnal&
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]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Park Ridge Estates
February 23, 2009
Page 2
Mr. Todd Preuninger of Withers & Ravenel submitted a Pre-Construction Notification (PCN) on or
about November 21, 2007 on behalf of the property owner, Mr. James W. Raley of Park Ridge Estates,
LLC. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 29 and the
corresponding General Water Quality Certifications. DWQ issued an approval for the impacts on or
about December 3, 2007, DWQ Project# 07-1976. The approved impacts include the placement of fill
within or otherwise impact 0.037 acres of 404/wetland, 57 linear feet of intermittent stream and 0.146
acres of isolated wetland to construct the proposed residential development at the site. Refer to the PCN
Withers & Ravenel Sheets 1-1 through 1-5 for Wetland Impacts Site Location Map and site drawings.
DWQ observations during the site inspections show that the drop inlets near Impact Area #1
(intersection of Road #4 and Road #2) are in need of maintenance. The sediment basin at Impact Area
#1 is discharging turbid water. Sediment has been discharged beyond the limits of disturbance (for -100
linear feet at depths of <2 inches) and turbid water is being discharged from the site. At Impact Area #3,
sediment deposition in the wetland measuring approximately 20 feet X 15 feet (300 square feet) was
observed just below the road culvert. A silt fence was installed in the wetland. The slope from the road
on the east side of the culvert was eroding into the wetland. Sediment deposition was measured for
approximately 50 linear feet, at depths of 2-5 inches, from the start of the perennial stream below the
crossing and wetland.
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Stormwater General Permit (NCGO10000) Condition Violation
Part I, Section A. No. 2
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. 1
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
indicators 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 II, Section C. No. 1
The permittee shall at all times operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with the
conditions of this general permit.
Item II. 401 Water Quality Certification Condition Violation
The 401 Water Quality Certification DWQ Project# 07-1976 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, violations of additional
conditions 1, 2, 3 and 4 occurred on the Park Ridge Estates property.
Park Ridge Estates
February 23, 2009
Page 3
Item III. Wetlands Standards
The observed sediment deposition in wetlands is in violation of 15A NCAC 02B .0231 (b) which
reads as follows:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may
cause adverse impacts on existing wetland uses;
(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 IV. Other Waste (in-stream sediment)
The documented in-stream sediment deposition is in violation of 15A NCAC 02B .0211 (3)f which
reads as follows:
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. 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.
2. The approved Erosion and Sedimentation Control Plan must be followed. Provide a statement
documenting that the approved Erosion and Sediment Control Plan is on-site and available for
review.
3. A rain gauge must be maintained on-site as required by the permit. Provide a photograph of a
working rain gauge on-site.
4. 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.
5. 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 records, explain why.
6. 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.
7. Stream and Wetland Clean-up Plan (sediment impacts) - Sediment impacts to the stream must be
removed. As a part of this plan, you should provide the amount (depth) of material that has been
deposited in the stream. 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 from the stream. The sediment should be removed from the stream, taken to high
Park Ridge Estates
February 23, 2009
Page 4
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].
Sin, cer y,
Danny Smith
Regional Supervisor
Surface Water Protection Section
Enclosures
cc: Raleigh RO - Water Quality
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Engineering Dept., Town of Cary, PO Box 8005, Cary, NC 27512-8005