20081590 Ver 1_Notice of Violation_20090526

? M 04 - 1590
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 18, 2009
CERTIFIED MAIL # 7008 1300 0000 1133 4267
RETURN RECEIPT REQUESTED
Jeffrey A. Rubish L? bo
214 Old Hillsborough Road
Carrboro, NC 27510 MAY 2 d 2009
UUNR • WX Eir UUAVTY
Subject: NOTICE OF VIOLATION WETLANDS AND STORMWATER BRANCH
NOV-2009-PC-0454
Crawford Dairy Subdivision
35.9265 N, -79.1558 W
Other Waste (In-Stream Sediment) Violation
Stormwater General Permit (NCGO10000) Condition Violation
Orange County
Dear Sir:
On March 17, 2009, Lauren Witherspoon from the Raleigh Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection for the Crawford Dairy Subdivision located south of NC 54 west of Excell
Drive and Old Pineview Drive in Orange County, North Carolina. The stream on the site is an unnamed tributary
(UT) to Phils Creek, Class WS-II HQW NSW waters, in the Cape Fear River Basin. The site visit and file review
revealed that the subject project has an approved Erosion and Sedimentation Control Plan and is covered by
stormwater general permit NCGO 10000.
During the site inspection and file review, Ms. Witherspoon made the following observations:
• Approximately 30 LF of stream channel has been impacted by sediment deposition measuring 4-8 inches
in depth. This sediment was due to land disturbing activities and lack of maintenance on the silt fence
above the origin of the stream.
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.
• A copy of the Erosion and Sedimentation Control Plan was observed on the site;
• A rain gauge was observed on the site;
One
NorthCarollina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service 4
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
Page 2 of 2
Crawford Dairy Subdivision
May 8, 2009
• A copy of the inspection reports were observed on site;
As a result of the site inspection, the following violations, detailed below, are noted:
(1) Other Waste (In-Stream sediment) violation
(2) Stormwater General Permit (NCGO10000) Condition Violation
Item I. Other Waste (In-Stream Sediment) Violation
The documented in-stream sediment deposition is a 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.
Item II. Stormwater General Permit (NCG010000) Condition Violation
Part I, 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."
Required Response
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 restoration and permit preparation to assist you with the development and
submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams) on the property. A description and
quantification of the impacts to those jurisdictional features and your plans to avoid further stream
impacts on the site.
2. Stream Restoration Plan (sediment impacts) - The sediment deposition in 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 streams. The sediment
should be removed from the stream, 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.
3. Please explain when you will be in compliance with your Stormwater General Permit.
Finally, please explain how you propose to prevent these problems from reoccurring on future projects.
Submit Requested Items To:
Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Page 3 of 3
Crawford Dairy Subdivision
May 8, 2009
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 Lauren Witherspoon at [phone].
Sincerel ,
Danny Smith
Regional S ervisor
Surface Water Protection Section
cc: NPS Assistance and Compliance Oversight Unit
yndi Karoly - 401 Oversight and Express Permits Unit
RRO - Water Quality Files
Wesley Poole - P.O. Box 8181, Hillsborough, NC 27278