5/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS.
ON SEPT 24, 2008, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER.
DURING THE CSWEI, EPA OBSERVED THE FOLLOWING:
A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED. THE LEVEL SPREADER #3-2 DESCRIBED IN THE PLAN WAS NOT INSTALLED AT THE SEDIMENT TRAP #4 OUTFALL. THE CHECK DAMS IN THE DRAINAGE DITCHES WERE NOT INSTALLED PER THE DESIGN AND SPECIFICATIONS IN THE PLAN.
B. INSPECTION REPORTS WERE MISSING FOR THE FOLLOWING DATES: FEB 1, 2008; MARCH 7, 2008; MARCH 12, 2008; APR 25, 2008; APR, 28, 2008; JUL 4, 2008; JULY 5, 2008; JULY 6, 2008; JULY 19, 2008; JULY 31, 2009, AUGUST 20, 2008; AUGUST 27, 2009, AUGUST 30, 2008, AND SEPT 6, 2008; AND NO RAIN GAUGE WAS OBSERVED.
C. INSPECTION REPORTS DID NOT INCLUDE AN EXPLANATION OF CORRECTIVE ACTIONS TAKEN TO ADDRESS SEDIMENT DISCHARGES OBSERVED ENTERING THE UNNAMED TRIBUTARY OF WHITE OAK CREEK FROM SEDIMENT TRAP #4 OFF STREET F , MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS.
D. STORMWATER CONTROLS WERE NOT OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY. SILT FENCING ON THE SE PORTIONS OF THE DEVELOPMENT OFF STREETS D AND E NEEDED MAINTENANCE. SEDIMENT TRAP #4 OFF STREET F HAD DOUBLE-ROW SILT FENCING BELOW IT THAT NEEDED TO BE REPLACED. SILT FENCING ON THE SW PORTION O