20061798 Ver 6_Notice of Violation_20090324

Mx F o 4- i -1 9 8 OLP
O?oF W A rFgQG vy? fl g J Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
j r
-I Coleen H. Sullins, Director
D `C Division of Water Quality
March 23, 2009
Revised-sending again because unclaimed first time sent 0
CERTIFIED MAIL #70081140 0002 6741 8940
RETURN RECEIPT REQUESTED
Summerwind Plantation, LLC DENR - WATER 0LIALITY
Attn: Mr. Ronald J. Mikesh VVETLANDS AND Sr0 MVVATF,R S fiNIC, I
183 Summerwind Plantation Drive
Garner, NC 27529
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR
ENFORCEMENT
NOV-2008-PC-0820
Summerwind Plantation Phases 1 A& 1 B
DWQ Prcject# 06-1798 Ver. 6
35.6146N, - 78.5720 W
NCGO10000 Condition Violation
401 Water Quality Certification Condition Violation
Other Waste (In-Stream Sediment)
Removal of Best Usage
Johnston County
Dear Sir:
On November 5 and 24, 2008, N.C. Division of Water Quality (DWQ) personnel, Natalie Landry and
David Parnell, from the DWQ Raleigh Regional Office conducted site inspections for the Summerwind
Plantation Subdivision off of Glen Road, Johnston County, North Carolina. The streams on the site are
unnamed tributaries (UT) to Swift Creek and Swift Creek, all Class C NSW waters, in the Neuse River
Basin.
A stormwater general permit (NCG010000) 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 general permit (NCG010000) authorizes the discharge of stormwater under
the National Pollutant Discharge Elimination System in accordance with Title 15A North Carolina
Administrative Code 211.0100.
Accordingly, 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 (NCGO10000);
• A copy of the approved Erosion and Sedimentation Control Plan was not observed site; and
• A rain gauge was not found on the site.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Summerwind Plantation
March 23, 2009
DWQ RRO received a copy of a Sedimentation Inspection Report from the Land Quality Section,
dated 11/24/08, citing the following violations for Summerwind Plantation Phase IA: failure to follow
approved plan, failure to submit revised plan, failure to provide adequate groundcover, insufficient
measures to retain sediment on site, failure to take all reasonable measures, inadequate buffer zone,
graded slopes and fills too steep, unprotected exposed slopes and failure to maintain erosion control
measures.
DWQ RRO received a copy of a Sedimentation Inspection Report from the Land Quality Section,
dated 11/24/08, citing the following violations for Summerwind Plantation Phase 1B: failure to follow
approved plan, failure to submit revised plan, failure to provide adequate groundcover, insufficient
measures to retain sediment on site, failure to take all reasonable measures, inadequate buffer zone,
graded slopes and fills too steep, unprotected exposed slopes and failure to maintain erosion control
measures.
On February 12, 2008 Phil May of Carolina Ecosystems, Inc. submitted a Pre-Construction
Notification (PCN) to the DWQ on behalf of Ron Mikesh, Summerwind Plantation, LLC. The impacts
were requested under U.S. Army Corps of Engineers Nationwide Permits 14, 18 and 29 and the
corresponding General Water Quality Certifications 3704 and 3705. On September 15, 2008 DWQ
issued an approval (DWQ# 06-1798, Ver.6) that authorized impacts to 0.12 acre of wetland, 165 linear
feet of perennial stream, 0.01 acres of open water (pond) and 14,324 square feet of Zone 1 Neuse River
basin protected riparian buffers and 10,125 square feet of Zone 2 Neuse River basin protected riparian
buffers as described in the PCN.
In addition, the site inspection showed the following field conditions. The referenced Impact Area
numbers are taken from the site drawings, dated 2/7/08, submitted by Wetherill Engineering as part of
the PCN.
• Impact Area #2 (road crossing and riser basin): Loss of sediment from riser basin (built as a
skimmer basin) resulting in approximately 120 linear feet of sediment deposition impact to
stream. Impacts to stream bank and bed from bridge construction, including placement of
matting in stream for approximately 85 linear feet.
• Impact Areas #3, 4, 5 (Ut to Swift Creek, north and mostly parallel of Colonial Pipe line
easement): Loss of sediment from failed slopes and traps resulting in approximately 550 linear
feet of sediment deposition to stream with depths ranging from approximately 2-12 inches of
sediment. Check dam constructed in stream for approximately 10 linear feet at Impact Area
#4. Concentrated flow in buffer and sediment deposition in buffer for approximately 150
square feet at depths of approximately 2-5 inches.
• Ut to Swift Creek #1 (eastern edge of property): Loss of sediment outside limits of disturbance
(no traps) resulting in approximately 200 linear feet, depths ranging from approximately 2-8
inches, of stream impact from sediment deposition.
• Ut to Swift Creek #2 (eastern edge of property), below large trap that failed: Loss of sediment
outside limits of disturbance resulting in approximately 505 linear feet of stream impact from
sediment deposition with depths ranging from approximately 0-6 inches of sediment.
• Impact Area #6 (aerial crossing of sanitary sewer): Loss of sediment into stream for
approximately 200 linear feet with depths ranging from approximately 0-10 inches. Impacts to
the stream bank the from aerial line construction resulting in unstable, eroding banks for
approximately 20 linear feet. And, loss of sediment from easement, in line with ditch below
Tetra's failed trap #13. Easement eroding and may need culvert installation to stabilize soil
from stormwater flow.
As a result of the site inspection and file review, the following violations are detailed below:
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Summerwind Plantation
March 23, 2009
Item I. NCGO10000 Condition Violation
General Permit NCGO10000
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 # 06-1798 Ver. 6 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.
Condition 2 of the 401 WQC states that:
No waste, spoil, solids, or fill of any kind shall occur in wetlands, water, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction Notification.
All construction activities, including the design, installation, operation and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
Condition 3 of the 401 WQC states that:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and maintenance
of such Best Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
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Summerwind Plantation
March 23, 2009
of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. The design, installation, operation and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirement
specified in the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
Condition 4 of the 401 WQC states that:
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the
above structures. All sediment and erosion control devices shall be removed and the
natural grade restored within two (2) months of the date that the Division of Land
Resources or locally delegated program has released the project;
Condition 6 of the 401 WQC states that:
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into the stream as identified within 15A
NCAC 213 .0233(5). If this is not possible, it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. This may require additional approval
from this office.
Item III. 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;
Item IV. Removal of Best Usage
15A NCAC 02B.0211 (2)
The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these
uses on either a short-term or long-term basis shall be considered to be violating a water quality
standard.
Requested Response
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Summerwind Plantation
March 23, 2009
You are directed to respond to this letter in writing within 30 days of receipt. You are also encouraged
to secure a consultant who specializes in stream permitting and restoration to assist you with the
submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and buffers). A description
and quantification of the impacts to those jurisdictional features and your plans to avoid further
stream and buffer impacts on the site.
2. Please explain in your response when and how you anticipate achieving compliance with the
approved Erosion and Sediment Control Plan. Please provide a statement documenting that the
approved Erosion and Sedimentation Control Plan is on-site and available for review. A rain
gauge must be properly installed as required by the permit. Please provide a statement
documenting the location of the rain gauge. Provide all rain gauge data collected to include the
past three months of monitoring through to the date of your written response to this letter. If
you do not have data, explain why. Provide inspection records to include the past three months
of monitoring records through to the date of your written response to this letter. If you do not
have records, explain why.
3. Please explain in your response when and how you anticipate achieving compliance with the
401 Water Quality Certification. Provide a timeline that includes deadlines for installing level
spreaders.
4. Please submit the following documents for review and approval:
a. Stream Restoration Plan (bridge and aerial line construction impacts) - Please explain how
you plan to restore the pattern, profile and dimension of the impacted stream channels to
include stabilization of the bed and bank. The streambeds must be restored to the original
profile, the stream banks must be stabilized.
b. Stream Restoration Plan (sediment impacts) - Sediment impacts to the streams onsite and
downstream of the site must be removed. As a part of this plan, you should provide the
amount (depth) of material that has been deposited in the floodplain, stream and any
wetlands. 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 channel. The sediment should be removed from the channel, taken to high
ground away from the stream channel and stabilized. Also, the plan must address the
measures that will be used for temporary stabilization/sediment control while this work is
under way.
5. Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished.
6. It is required that you contact the Division of Land Resources and the U.S. Army Corps of
Engineers. These contacts are necessary to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean
Water Act.
Submit Requested Items To:
Natalie Landry
DWQ Raleigh Regional Office
3800 Barrett Drive
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Summerwind Plantation
March 23, 2009
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be abated immediately. 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].
Si ce ly,
C
Danny S Zih
h l Supervisor
Raleig
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
DWQ RRO-file copy
Cyndi Karoly, 401 Permitting, 1650 Mail Service Center, Raleigh, NC 27699
Brad Cole - DLR RRO