3/23/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AS A RESULT OF THE CSWEI, EPA REGION 4 DETERMINED THAT STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF SECTION 402(p) OF THE CWA, AND ITS IMPLEMENTING REGULATIONS. ORDER STATES:
A. NEITHER THE APPROVED PLAN NOR SELF-INSPECTION REPORTS WERE AVAILABLE FOR REVIEW DURING THE SCWEI AS A REPRESENTATIVE WAS NOT ON-SITE. THEREFORE, COMPLIANCE WITH PART I.A.2, PART I.B.1, PART I.B.2, AND PART I.B.3 COULD NOT BE VERIFIED.
B. OPERATION AND MAINTENANCE PROBLEMS WITH THE EROSION AND SOIL CONTROL DEVICES WERE NOTED: (1) SILT FENCING AT OUTFALL #1 HAD RILLS FORMING UNDERNEATH DUE TO IMPROPERLY INSTALLED FENCING; (2) NO PROTECTION WAS PROVIDED AT STREET CURB INLET STRUCTURES; (3) THE SLOPES OF THE DIVERSION DITCHES WERE NOT STABILIZED; (4) SOILS THROUGHOUT THE DEVELOPMENT REQUIRED STABILIZATION. THE LACK OF MAINTENANCE OF THESE CONTROLS RESULTED IN SEDIMENT BEING DISCHARGED IN VIOLATION OF PART I.B.3, PART.C.2, PART II.B.2 AND PART II.C.1 OF THE PERMIT.
C. RIP RAP WAS NOT PROVIDED AT THE OUTFALLS TO SLOW THE VELOCITY OF STORM WATERS BEING DISCHARGED AS REQUIRED BY PART II.B.2 OF THE PERMIT.
D. TURBID WATER WAS OBSERVED FROM OUTFALLS #1, #2, AND #3 INTO THE UNNAMED TRIBUTARIES TO DOBY CREEK IN VIOLATION OF PART I.B.3 AND PART II.B.2 OF THE PERMIT.
THEREFORE, RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH NCDENR PERMIT AND FOR DISCHARGES NOT AU