SW8020905_COMPLIANCE_20031030

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. SW
� DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
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THIS AREA DRAINS TO
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LEGEND APPROVED 0-'
1 2 3 MAN G MENT COMME SSION TAE RECEIVED
810RETENTION AREA
DIVISION OF WATER QUALITY
i 30 -oC! — 2U[J 3
CORRESPONDING DRAINAGE AREA �I �, JUN 12 2003
-�+ FLOW DIRECTION INDICATOR WA1Aj14G�,4��S/OH�-v9bA)5 DWQ
INDICATED DIMENSIONS ARE APPROXIMATE AND PRESENTED FOR REFERENCE. PROJ # sw f o zoc(o 5
NUMBERS WITHIN HATCHED AREAS INDICATE APPROXIMATE SQUARE FOOTAGE OF AREA.
REVISED TO INCLUDE ADDITIONAL DIMENSIONS PER NCDENR REQUEST. MLR 6-2-03
OUTBACK STEAKHOUSE, INC. DATEr -- MAR 12,_2�03 ROBERT M. CHILES, P.E.
DRAINAGE AREAS
OF MER JOB N0- ____ 4002023 ENGINEERS AND CONSULTANTS
MOREHEAD CITY RESTAURANT SITE SCALE, _____ 1_ - 40, NEW BERN, NORTH CAROLINA

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State Gf North Carolina ..:.�
w Department of Environment
and Natural Resources
':Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
NOV 20G2
fr. 3i
NORTH------- -. - •
ENVIRONMENT- RESOURCES
November 5, 2002
NOTICE OF VIOLATIONS OF THE.
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7001 1140 0002 1289 5748
RETURN _RECEIPT REQUESTED
Mr. Steve Stanley
Outback Steakhouse, Inc.
2202 Westshore Blvd 5th Floor
Tampa, FL 33607
Project Name: Outback Steakhouse
Project No: CA-03058
Carteret County
Dear Mr. Stanley:
NOV 13 2002
On August 7,"August 29, October 30, 2002, personnel of this office inspected a project located Highway 70
in Carteret County, North Carolina. This inspection'was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of greater than 1.14
acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50 to 66, and Title
15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the following
violations, please notify this office immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to beginning a
land -disturbing activity on a tract comprising more than one acre, when more than one acre is to be
uncovered, failure to secure this office's prior approval of the plan for any land -disturbing activity prior to
beginning the land -disturbing activity. NCGS. 113A-54(d)(4), G. S. 113A-57(4) and 15A NCAC 4B.0007(c).
A land disturbing activity greater than 1.14 acres has occurred without an erosion & sedimentation
control plan.
Failure to take all reasonable measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC 413.0005.
Erosion & sediment control measures are not present.
127 Cardinal Drive Extension; Wilmington, N.C. 28405-3845 a Telephone [phone] a Fax [phone]
An Equal Opportunity Affirmative Action Employer

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y Mr Steven Stan le
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,. An acceptable erosion and sedimentation control. plan must be filed with'and approved by this office and
implemented on the site sufficient to prevent of�'site sedimentation. Until the required plan has beer- approved,
temporary measures must be provided immediately to control erosion and prevent sedimentation damage.
Any additional land -disturbing activities conducted without an approved erosion and sedimentation control plan
will constitute additional violations of the Actt�We will notify you following our review of the plan if additional
measures are.required,';1 _ F�
To correct these violations,. you must:-' -
I., - Submit an erosion and sedimentation control plan.
is
2. Install adequate and/or necessary erosion and sedimentation control measures. —
Please note that merely planting grass.seed does not satisfy the requirements.of"vegetative cover" or of
"ground cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or
other ground cover is established which is, in fact,:sufficient tto restrain accelerated or man-made erosion.
Please be advised that if.youfail to respond to this notice or if these violations are not corrected within 5 days.
of receipt of this notice, the Director, Division of Land Resources, will be requested to take appropriate. legal action
against you pursuant to NCGS 113A-64. That action could be the assessment of a civil penalty and the amount may
be up to $5000 per day for each day of the violation. The penalty may be assessed from the date of the violation,
NCGS.113A-61 (a) ,(1): If these violations are corrected,within the time period specified for compliance, no further
legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project must not begin until the t� 4
area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should �.
notify this office so the work can be inspected. You should not assume that the property is in compliance with the Act
until we have notified you. After installation, all erosion control measures must be maintained in proper working order
until development is complete and the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action, At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and
administrative rules may be examined at this office or will be sent to you upon request, Should you have questions
concerning this Notice or the requirements of the Act, please contact either Janet Paith or me at your earliest
convenience.
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,_ T,
Daniel Sams, P.E:, M.E.
Regional Engineer
DESllbfr
cc: Sedimentation Specialist
W iRd-LQS
DWQ Supervisor-WiR
Enclosure: Inspection Report
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Fiv:

-Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES..
LAND QUALITY SECTION.- 127 Cardinal Drive, Ext., Wilmington, NC 28405-3845 [phone]
County ,r T Project: GV % A t ,� STD! I�ft,u TN L River Basin mot//Z[�CsZ
Person FinancialLy Responsible: ect # C la• =p-?,o SSt
Address: .2 jt� ik- t(O (
1. Project Location Q ? <i Pictures: No �l'es ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
2. Weather and Soil C nditio
3. Is site currently under notice of violation? Yes No ❑
4. Is the site in compliance with the S.P.C.A. and the rules. Yes
❑ NoI If no, check violations below:
5. Violations:
�a. No approved plan, G.S. 113A-57(4) and 15A NCAC 04B.0107(c)
❑ g. Inadequate buffer zone, G.S. I I3A-57(1)
© b. Failure to follow approved plan, G.S. I I3A-61.1
❑ h. Graded.slopes and fills too steep, G.S. 113A-57(2)
0 c. Failure to submit revised plan, G.S. 113A-54.1(b) and
or 15A NCAC 04B.0124 (d) =
15A NCAC 0413.0118(a)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ d. Failure to provide adequate groundcover,'G.S. 113A-57(3) and
❑ j. Failure to maintain erosion control measures;
15A NCAC 04B.0107(b) or 15A NCAC 04B.0124(e)
15A NCAC 0413.0113
❑ e. Insufficient measures to retain sediment on site, G.S. l 13A-57(3)
❑ k. Other(describe)
❑ f. Failure to take all reasonable measures, 15A NCAC 09.0105
6. Potential NPDES Permit Violation? Yes ❑ No Describe
7. Has sedimentation damage occurred since last inspection? Yes
❑ If yes, where? (check all that apply): No
Lake/natural watercourse on the tract C] Lake/natural watercourse off the tract ❑ Other property ❑
Description:
Degree of damage: Slight ❑ Moderate ❑ Severe ❑
S. Contact made with (Name) 1Vp NE _
_Title
Inspection Report given ❑ or sent � to Person Financially Responsible Date given/sent
9. Corrective actions needed:
Report by: Others present
Date of pe.ction: g 2 - g
Time arriving at site: Time leaving site: w
c c: ,