20090735 Ver 1_Notice of Violation_20090813

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
EcoEngineering
Attn: Kevin Yates
P.O. Box 14005
Research Triangle Park, NC 27709
August 13, 2009
Subject: Corbinton Commons - NOV-2009-PC-0395 - Orange County
Notice of Recommendation for Enforcement
DWQ RRO Comments for Corbinton Commons NOV Comment Responses received June 15, 2009;
DWQ RRO Comments for Corbinton Commons PCN received by RRO on July 1, 2009; DWQ RRO
Comments for Corbinton Commons Response to Comments DWQ Project #09-0735 Response to
Comments received August 7, 2009
Dear Sir or Madam:
On March 13, 2009 and April 8, 2009, Lauren Witherspoon from the Raleigh Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection for the tract/project known as Corbinton Commons located off
of US 70 it Hillsborough, Orange County, North Carolina.
On April 28, 2009 DWQ RRO issued a Notice of Violation (NOV) for multiple violations on the Corbinton
Commons property, On June 15, 2009, DWQ RRO received a response to the NOV, on July 1, 2009, DWQ RRO
received a 401 application, on July 9, 2009 DWQ Central Office issued a Request for More Information Letter
regarding the 401 application, and on August 7, 2009 the DWQ RRO received a response to the Request for More
Information Letter.
This letter is to provide comments from the DWQ RRO regarding these submittals and compliance status of the
site.
While it is believed that portions of these submittals are satisfactory, the following items remain outstanding and
must be addressed and implemented to bring the site into compliance:
When required by DWQ RRO to provide a description and quantification of all the impacts to
jurisdictional features, you only provided the permanent impacts you wished to permit. However, this is
not an accurate measure of all the impacts to jurisdictional features (buffer, wetland, and stream) on the
site. Please quantify all the impacts (whether intended to be temporary or permanent) on the site. This
must include the numerical impacts for the road widening, the impacts for the road crossing (both
temporary and permanent), and the impacts for the greenway crossing (buffer impact).
2. You indicate that the road crossing will consist of two spanned structures; one over the wetland that has
already been impacted by earthen fill and one over the stream that has already been piped. However, you
did not provide the DWQ RRO required stream and restoration plan for the impacts where the spanned
structures will be placed.
North Carolina Division of Water Quality
Internet: www.newaterquality.org
Raleigh Regional office
1628 Mail Service Center
Surface Water Protection
Raleigh, NC 27699-1628
None Carolina
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Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
August 13, 2009
Corbinton Commons
Page 2 of 2
If you receive authorization from the 401 Wetlands Unit to span the stream and wetland then you will be
required to provide a restoration plan to the DWQ RRO for the wetland and stream that has been
impacted. The stream restoration must explain how you plan to restore the pattern, profile and dimension
of the impacted stream channels. The streambed must be restored to the original profile in its original
location and the stream banks must be stabilized. The wetland restoration plan must detail how the
earthen fill material placed in the wetland (including all side casting) will be removed. Satisfactory
wetland restoration requires the replanting of at least 2 native hardwood wetland species and the
maintenance of a stem density/survivorship of at least 320 trees per acre at the end of 3 years. Also, this
plan will require an herbaceous wetland seed mix for all wetlands that are disturbed. You will be required
to submit this plan within 15 days of the date of a 401 approval.
The 401 application did not represent the conditions on the site. The following inaccurate information
must be addressed:
a. Please explain why the application package refers to the impacts as proposed when the road
widening is constructed, the greenway trail has been constructed within the buffer, the isolated
wetlands have been filled, the wetlands have been filled for the sewer pump station, and the
wetland and stream has been impacted at the road crossing beyond what was permitted in the
2002 NWP.
b. The PCN form must include temporary impacts for wetland, stream and buffer impacts (Page 5 of
13 and Page 7 of 13).
c. Please explain how avoidance and minimization of stream and wetland impacts will be met using
a span structure since the stream and wetland have already been impacted in these locations.
Please explain why this information was not provided to the 401 Wetlands Unit in this
application. (Page 4 of PCN Cover Letter)
The above required items should be submitted to Lauren Witherspoon, DWQ Raleigh Regional Office, 3800
Barrett Drive, Raleigh, NC 27609 within 30 days of the date of this correspondence.
Thank you for your attention to this matter. This office is considering forwarding a civil penalty recommendation
for assessment consideration and proceedings with injunctive relief procedures through the Attorneys Generals
Office. This office requires that the violations, as described in the April 28, 2009 NOV, 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
me at [phone].
Sincerely,
CAL y
Lauren Witherspoon
Surface Water Protection Section
cc: DWQ RRO file copy
John Hennessy, NPS Assistance and Compliance Oversight Unit
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
Andy Williams, USACE, 3331 Heritage Trade Drive, Ste105, Wake Forest, NC 27587
Hillsborough Residential Associates, 8601 Six Forks Road, Suite 250, Raleigh, NC 27615
EYC Investments, LLC, Attn: Ellis Y. Coleman, 8601 Six Forks Road, Suite 250, Raleigh, NC 27615
Front Street Construction, LLC, Attn: Ellis Y. Coleman, 8601 Six Forks Road, Suite 250, Raleigh, NC
27615