12/29/10 - ADMINISTRATIVE ORDER ISSUED.
AT ALL TIMES RELEVANT TO THIS ACTION, MARION RETAIL INVESTMENTS, LLC OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS GRANDVIEW STATION.
ON SEPT 28, 2010, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT.
DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING:
A. MARION RETAIL INVESTMENTS, LLC, FAILED TO PROVIDE ADEQUATE OPERATION AND MAINTENANCE. THE FOLLOWING EROSION CONTROL O&M ISSUES WERE NOTED: (1) THE DITCH ALONG THE CONSTRUCTION ROAD HAD RILL EROSION ALONG THE SLOPES; (2) PIPE SLOPE DRAINS WERE NOT INSTALLED PROPERLY IN A DITCH BETWEEN SEDIMENT BASIN #2 AND #3; AND (3) THE CHECK DAMS IN THE DRAINAGE DITCHES WERE MORE THAN HALF FULL OF SEDIMENT. SOME AREAS ON THE SOUTH SIDE OF THE SITE WERE VERY WET AND MUDDY; SILT FENCING AND HAY BALES DID NOT PREVENT SEDIMENT FROM TRACKING OFF SITE. THE LACK OF MAINTENANCE OF THESE CONTROLS RESULTED IN SEDIMENT BEING DISCHARGED.
B. MARION RETAIL INVESTMENTS, LLC FAILED TO PROVIDE STABILIZATION TO THE SLOPES OF SEDIMENT BASIN #3. THE LACK OF STABILIZATION PERMITTED EROSION GULLIES ON THE SLOPES OF SEDIMENT BASIN #3, CONTRIBUTING TO THE SEDIMENT LOAD.
C. MARION RETAIL INVESTMENTS, LLC FAILED TO INCLUDE NOTICE OF OFF-SITE SEDIMENTATION IN ITS INSPECTION REPORT FOR SEPT 27, 2010. EPA'S CSWEI DISCOVERED BETWEEN 8 AND 12 INCHES OF SEDIMENT DEPOSITED IN THE UNNAMED TRIBUTARY TO NORTH MUDDY CREEK.
THEREFORE, MARION VIOLATED CWA S