19940428 Ver 1_Complete File_19971205

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. John Kavanagh
Kavanagh Associates, Inc.
1810 Pembroke Road
Greensboro, N.C. 27408
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December 5, 1997
Guilford County
DWQ Project # 94428
SUBJECT: 3RD COMPLINCE EVALUATON INSPECTION
Riverview Subdivision
Dear Mr. Kavanagh:
On September 17, 1997 Mr. Eric Fleek and Mr. Pete Colwell from the North Carolina Division of
Water Quality's Central Office conducted a compliance evaluation inspection at the aforementioned site.
This inspection was the result of a prior inspection conducted by Mr. Colwell on November 11, 1996. As a
result of the September 17, 1997 inspection you were issued a Notice of Deficiency letter on September 23,
1997 detailing the problems on the site.
Subsequent to this inspection, I had several conversations with Anthony Lester of Evans
Engineering during which the problems with the littoral shelves was discussed. As a result, Mr. Lester
assured me that the work to correct the observed problems would be started immediately and would be
completed soon thereafter.
On November 21, 1997 Mr. Eric Galamb of NCDWQ's Central Office, and Ms. Jenny Rankin and
Mr. Ron Linville of NCDWQ's Winston-Salem Regional Office conducted an additional compliance
evaluation inspection. The results of this most recent inspection noted that it appears work to correct the
elevation of the littoral shelves has been completed. The shelves were observed to be at an adequate depth
below the pond pool elevation. The inspectors also documented a moderately large flock of Canada Geese
loitering about your pond. As a result of the geese there was a large quantity of fecal matter accumulation
in and around the pond. To keep your pond clean and free of excessive algal growth (and geese feces) and
the continue to enhance and maintain downstream water.quality we would strongly suggest that you call
Mr. Hal Atkinson, Jr. of the North Carolina Wildlife Resources Commission at [phone]. He should
be able to provide some natural methods of Canada geese control.
The Division of Water Quality appreciates your efforts in complying with your 401 Water Quality
Certifications. If you should have any questions regarding this matter please feel free to call at (919) 733-
1786.
Sincerely,
Eric D. Fleck
Water Quality Certification Program
Cc: Ron Linville, Winston-Salem Regional Office
Jenny Rankin, Winston-Salem Regional Office
John Thomas, USACOF, Raleigh Field Office
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
September 23, 1997
Guilford County
DWQ Project # 94428
CERTW11ED MAIL
RETURN RECEIPT REQUESTED
Mr. John Kavanagh
Kavanagh Associates, Inc.
1810 Pembroke road
Greensboro, NC 27408
SUB.TFCT: NOTICE OF DEFICIENCY
401 Water Quality Certification
River View Subdivision
Dear Mr. Kavanagh:
On July 8, 1994 you were issued General Water Quality Certification No. 2671 authorizing 1.4
acres of impact to wetlands or waters for the purpose of developing residential townhouse subdivision at
Morris Farm Road off West Wendover Ave. near the Deep River. This certification carried the additional
condition that littoral shelves be built around the upper edge of the pond.
On November 11, 1996 Mr. Pete Colwell from this office conducted a Compliance Evaluation
Inspection of the River View Subdivision. During the inspection Mr. Colwell noted that the required littoral
shelves were 6 to 12 inches above the water level, grassed with fescue, and regularly mowed. On April 10,
1997 the Division of Water Quality issued an inspection report requesting that you bring your project into
compliance with the 401 Water Quality Certification by either raising the water level in the pond to flood
the shelf or lower the shelves to the existing pond elevation.
In an August 7, 1997 letter the Division of Water Quality requested for a second time that you
bring your project into compliance with the conditions of your 401 Water Quality Certification. You were
further asked to provide this office with information detailing what measures you have implemented to
bring your project into compliance. As of this writing, this office has still yet to receive any correspondence
from you regarding these ongoing problems.
On September 17, 1997 Mr. Pele Colwell and Mr. Eric fleck from this office conducted another
Compliance Evaluation inspection at the subject subdivision. It was documented that you still have not
fixed the littoral shelves in your stormwatcr pond. "These shelves are still above the water line of the pond.
In order to be compliant with Section 401 of the Clean Water Act you must ensure that these shelves be
BELOW die level of water. This office recommends that you raise the level of water in the pond to flood
these shelves. In addition, it was noted that a small pocket of wetlands has established itself above the
upper edge of your stormwatcr pond. You are reminded that any impacts to this wetland will require
application to the Division of Water Quality and that any impacts over 1 acre require compensatory
mitigation. As you have already been authorized to impact 1.4 acres of wetlands any additional wetland
impacts at this site will require mitigation at a 4:1 ratio (i.e. 4 acres mitigated for every acre impacted).
Mr. John Kavanagh
NOTICE OF DEFICIENCY
Page 2
Please respond to this letter by October 10, 1997 detailing why these shelves have yet to be fixed
and when the required corrective measures will be compleled. Another inspection of this site will be
conducted to determine if these requirements have been implemented. If you have any questions regarding
this matter please feel free to call Mr. Pete Colwell or me at [phone].
Sincerely,
.ric D. Heck
Water Quality Certificalion Program
Cc: Ron Linville, DWQ Winston-Salem Regional Office
USACOP, Raleigh Field Office
John Dorney, DWQ Central Office
August 7, 1997
Guilford County
DWQ Project# 94428
Mr. John Kavanagh
Kavanagh Associates, Inc.
1810 Pembroke Road
Greensboro, NC 27408
Subject: 2nd Compliance Evaluation
401 Water Quality Certifi_cati.on
River View Subdivision
Dear Mr. Kavanagh:
On July 8, 1994 you were issued General Water Quality
Certification No. 2671 authorizing 1.4 acres of impact to
wetlands or waters for the purpose of developing a resident.i.al
townhouse subdivision at Morris Farm Road off West Wendover. Ave.
near the Deep River in Guilford County. This certification
carried the additional condition that littoral shelves shall be
built around the upper edge of the pond to offset wetland :losses
and protect water quality.
On November 11, 1996 Mr. Pete Colwell from this office made
a Compliance Evaluation Inspection of the River View Subdivision.
During the inspection Mr. Colwell noted that there were no
wetland littoral shelves around the pond as required by the
certification and that your subdivision plans may have changed
since your certification was issued. Further, it. was documented
that some shelf areas were 6 to 12 inches above the water level,
grassed with fescue, and regularly mowed.
As a result of the November 11, 1996 inspection the Division
of Water Quality issued you a letter on April 10, 1997 requesting
that you bring your project into compliance with the 401 Water
Quality Certification by either:
1)Raise the water_ level in the pond to flood the shelf
areas; or
2)Lower the shelf areas to the existing pond elevation
Mr. John Kavanagh
2nd Compliance Evaluation
In addition, you were requested to provide this office with
an as built plat of River View showing the existing and proposed
structures along with all impacts to waters or wetlands. As of
this writing this office has not yet received the requested as
built plat of Riverview. Additionally, please include what
measures you have taken since the April 10, 1997 letter to bring
the littoral shelves around your pond into compliance with the
certification.
Your cooperation in complying with the conditions of your
401 Water Quality Certification is appreciated. Should you have
any questions concerning this matter please feel- free to contact
me at [phone].
Sincerely,
Eric D. Fleek
Water Quality Certification Program
cc: Ron Linville, DWQ Winston-Salem Regional Office
USACOE Raleigh Field Office
John Dorney, DWQ Central Office
ENGINEERS
PLANNERS
! SURVEYORS
EVANSENGINEERING,INC. SINCE 1974
October 10, 1997
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Mr. Eric D. Fleek `?
North Carolina Department of Environmental
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WHILE YpV WERE OUT
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umbers ? j lulu{;Innf ri
?/o - agh Associates, Inc. 1, Anthony Lester, their
Vrnrcmtrtl ,.:rill
-w Subdivision Water Quality Pond and the
1 nx_ Y"I][- r?jll aches above the water level.
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Mot,?1r -- I 1 WOW'!; ,;Cr, You )er 23, 1997, Kavanagh Associates proposes the
e intal - - _ ?_l Will call ug,rui
message id 12" in order to submerge these shelves. This will
jand of pipe to the existing riser and thus increasing
ising the water level in the pond by one foot.
to/it he seal between the old riser pipe and the new pipe
g the water level one foot in the pond, we will also
l Il ter to maintain the same storage capacity in our pond.
i1 r?t1 ?,1 - - end as to whether this method will be acceptable. We
1 f 11?' Yti -?ocrricr
Sincerely,
Anthony D. Le re.E.
EVANS ENGINEERING, INC.
ADL/Iw
4609 Dundas Drive, Givensbom, NC 27407 o P.O. Box 10285, Greensboro, NC 27404 o [phone]