NOV-2019-PC-0131_20190226

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
£nvironmentaI Qua[ity
February 26, 2019
CERTIFIED MAIL #70182290 00018043 6500
J&N Developers, LLC
Attn: Mr. Stacy Johnson, Registered Agent
588 Neuse River Parkway
Clayton, NC 27527
Subject:
Dear Mr. Johnson:
NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2019-PC-0131
Planters Ridge
Wetland and Stream Standard Violations
Wayne County
On December 20, 2019, the Division of Water Resources (DWR) was contacted by Division of Energy,
Mineral and Land Resources (DEMLR) regarding development activities on the subject property known as
Planter Ridge subdivision located off Planters Ridge Drive near the Town of Pikeville, Wayne County.
On January 7, 2019, Anthony Scarbraugh and Chris Pullinger with DWR conducted site inspection and
observed approximately 500 square feet of sedimentation (1 — 2 inches in depth) within a jurisdictional
wetland area to the west of Lot 65. The sedimentation originated from a breached sediment basin and
entered the wetland via failed silt fence. DWR staff also observed sedimentation in an unnamed tributary
of Jimmy Prong resulting from a stormwater discharge located between Lots 69 and 70 that resulted in
approximately 150 liner feet of stream impacts. James Edwards and George Xanthos (formerly of DEMLR)
with DEMLR were also present during the site inspection. In addition, an initial site inspection was
conducted by Mr. Scarbraugh on December 28, 2018.
As a result of the site inspections and file review, the following violations, detailed below, are noted:
(1) Wetland Standard Violation
(2) Stream Standard Violation
1) Wetland Standard Violation (15A NCAC 02B .0231)
The sedimentation within jurisdictional wetland resulting from the failure of sediment and erosion control
devices during the on-site land disturbing activities represents violations of 15A NCAC 02B .0231 (b) (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
North Carolina Department of Environmental Quality I Division of Water Resources
cr�-_D E Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NORTH O:Ci. inn
oepanmeM rEl 252.946.6481

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.
DWR personnel observed sedimentation associated the breaching of a sediment pond and failure of a silt
fence at the subject property resulting in approximately 0.01 (500 square feet) acres of impacts to
jurisdictional wetlands.
2) Stream Standard -Removal of Best Use (15A NCAC 02B.0211)
The accumulation of sediment impacting approximately 150 linear feet of stream resulting from an
illegal discharge and failure to maintain adequate sediment and erosion control measures
represents violations of 15A NCAC 0213.0211 (2) which states 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
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this Office at the letterhead address. Your response should
address the following items:
1. Please explain when construction (excavation, grubbing, clearing, and excavation) began at the site.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water
features (e.g. streams and wetlands) on the site. This documentation should describe and quantify
the impacts to those jurisdictional features, and should include plans to avoid further stream and
wetland impacts on the site.
3. Please submit a Restoration Plan to this Office for review and approval. You are encouraged to
secure a consultant to assist you with your plan development and with obtaining any permit,
certification, and/ or authorization necessary to achieve compliance. This plan should include the
following:
a.) Detail how the accumulated sediment within wetlands will be will be removed and the
restored. This information must be clearly depicted on a map that you provide as a part of
this response. This map should also indicate all of the wetlands locations on the tract as well
as the wetland areas that have been impacted. Also address the measures that will be used
for temporary stabilization/ sediment control while this work is under way.
b.) Stream Restoration Plan — Please explain how you plan to restore the pattern, profile and
dimension of the impacted stream channel to include the removal of accumulated sediment.
The streambed must be restored to the original profile, the stream banks must be stabilized,
and any fill material must be removed from the riparian zone.
c.) Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished. It is the expectation of this office that the wetland and
stream impacts are abated no later than April 29, 2019. Please tailor your response and
schedule to achieve compliance by this date.

4. Finally, you should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.
****You are encouraged to secure a consultant to assist you with your plan development, permit,
certification, and authorization necessary to achieve compliance. * * * *
Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be
abated immediately and properly resolved. Failure to resolve this matter could result in this Office
pursuing additional avenues of enforcement such as assessments of civil penalties.
Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S.
143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your
above-mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any further process that may occur.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948-
3924 or myself at [phone].
Sincerely,
ROW Tc.s"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosure: Impact Map with Photographs
cc: Shelton Sullivan —401 & Buffer Permitting Unit (via email)
Samantha Dailey — USACE Raleigh Regulatory Office (via email)
James Edwards —DELMR WaRO (via email)
Laserfiche

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Location of Photo 11 (End of Violation)
Location of Photo 10
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Photographs of Site Inspections conducted on December 28, 2018 and January 7,
2019 at Planters Ridge Subdivision in Wayne County
Photograph #1: Exposure of breach sediment basin. (Facing West)
Photograph #2: Exposure of failed silt fence. (Facing West)

Photographs of Site Inspections conducted on December 28, 2018 and January 7,
2019 at Planters Ridge Subdivision in Wayne County
Photograph #3: Exposure of accumulated sediment beyond failed silt fence. (West)
Photograph #4: Exposure of sediment plume through uplands. (Facing Southeast)

Photographs of Site Inspections conducted on December 28, 2018 and January 7,
2019 at Planters Ridge Subdivision in Wayne County
Photograph #5: Exposure of accumulated sediment in jurisdictional wetlands. (Facing West)
Photographs #6 and 7: Additional exposure of accumulated sediment in jurisdictional wetlands.
(Facing East)

Photographs of Site Inspections conducted on December 28, 2018 and January 7,
2019 at Planters Ridge Subdivision in Wayne County
Photograph #8: Unstabilized stormwater discharge between Lots 69 and 70. (Facing East)

Photographs of Site Inspections conducted on December 28, 2018 and January 7,
2019 at Planters Ridge Subdivision in Wayne County
Photographs #9 and 10: Sedimentation in intermittent stream. (Facing East)

Photographs of Site Inspections conducted on December 28, 2018 and January 7,
2019 at Planters Ridge Subdivision in Wayne County
Photograph #11: Sedimentation in intermittent stream. (Facing East)