20051699 Ver 1_Notice of Violation_20090810

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2009
CERTIFIED MAIL #7008 1300 0000 1133 2089
RETURN RECEIPT REQUESTED
Boyette Farms, Inc.
Attn: Robert C. Boyette
6127 NC Highway 42 West
Wilson, NC 27893
CERTIFIED MAIL #7009 0080 0000 9785 7910
RETURN RECEIPT REQUESTED
MRW Development, Inc.
Attn: Robert C. Boyette
6611 Luther Road
Wilson, NC 27893
Subject: NOTICE OF VIOLATION
NOTICE OF RECCOMENDATION OF ENFORCEMENT
NOV-2009-WQ-0053
DWQ Project # 05-1699
Pennington Place Subdivision
3507131°N,-7801196°W
401 Water Quality Certification Condition Violations
Neuse River Basin Riparian Buffer Violation
Wilson County
Dear Mr. Boyette:
On June 25, 2009, Lauren Witherspoon from the Raleigh Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection for the project known as Pennington Place Subdivision located off of NC
Highway 581 in Wilson County, North Carolina. The stream on the site is an unnamed tributary (UT) to
Contentnea Creek, Class WS-V NSW waters in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review:
Soil and Environmental Consultants, PA submitted a Pre-Construction Notification (PCN) received on September
6, 2005 and additional information received October 11, 2005 on behalf of Boyette Farms, Inc. The impacts were
requested under U.S. Army Corps of Engineers Nationwide Permit 14 and the corresponding General Water
Quality Certification Number 3404 (GC3404). DWQ issued an approval for the impacts dated October 18, 2005
(DWQ Project # 05-1699).
The 401 Water Quality Certification (DWQ Project# 05-1699) authorizes to place fill or otherwise impact 115
linear feet of stream and 11,831 square feet of protected Neuse River Basin riparian buffers for the purpose of
constructing Armetus Road. In addition, four (4) level spreaders were included in this approval.
DWQ observations during the June 25, 2009 site inspection and file review include:
o Approximately 80 LF of stream had been impacted by a culvert which was authorized under the 401 WQC;
o The four (4) level spreaders had not been installed resulting in severe erosion around the headwalls and lack
of diffuse flow through the buffer.
ehCarolina
Aturally
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
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. 401 Water Quality Certification Condition Violations
The 401 Water Quality Certification DWQ Project# 05-1699 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, the following violation of conditions (see attached 401
WQC) have occurred at the Pennington Place Subdivision:
Condition 5: Diffuse Flow
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 a stream
as identified within 15A NCAC 2B .0233 (5).
Item II. Neuse River Basin Riparian Buffer Violation
Neuse River - Diffuse Flow
15A NCAC 02B.0233 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and
reestablishing vegetation.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of
receipt. You are also encouraged to secure a consultant who specializes in the buffer restoration and the
installation of level spreaders to assist you with the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams and buffers). A description and
quantification of all the impacts to those jurisdictional features and your plans to avoid further buffer
impacts on the site.
2. Explain in your response how and when you anticipate being in full compliance with the 401 WQC
including when you are going to install the level spreaders and stabilize the stream banks around the
headwalls.
3. Streambank stabilization around headwalls - Please explain how you plan to stabilize the stream banks at
the crossing.
Include a detailed implementation schedule with dates explaining when the stream stabilization at the
headwalls will be accomplished and level spreaders are installed. It is important that you adhere to this
new plan once approved by DWQ. If you make any modifications to the approved plan, DWQ must
approve them prior to implementation.
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
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
Lauren Witherspoon at [phone].
inc rely,
army Smit
Regionaisor
Surface otection S ection
cc: DWQ RRO file copy
John Hennessy, NPS Assistance and Compliance Oversight Unit
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit