SW8020806_Compliance Evaluation Inspection_20030730

State 61 North Carolina
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
July 30, 2003
AM�
NCDENR
NORTH CAROUNA DEPARTMENT or
ENvinoNMENr AND Nmur.AL REsamCEs
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7003 0500 0000 8804 4973
RETURN RECEIPT REQUESTED
First & Last Child, LLC
Ms. Robin Comer
P.O. Box 1253
Swansboro NC 28584
Project Name: White Oak Shores
Project No: CA-03029
Carteret County
Dear Ms. Comer:
On July. 28, 2003, personnel of this office inspected a project located on NCSR 1101 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 approximately 80 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:
1. Failure to conduct a land -disturbing activity in accordance with the provisions of an
approved erosion and sedimentation control plan. G.S. 113A-61.1.
As stated in the approval letter, land disturbance was to be done in phases that were not to
exceed 20 acres. Grading had occurred in several phases of the project including phase A, B-1,
B-2, D, F=1, and F-2. Grading had occurred in phase F-2, which is not, depicted on the
approved plan. Sediment traps and silt fence were not installed in all locations detailed on the
approved plan, allowing for off site sedimentation.
The erosion and sedimentation control plan approved by this office on November 25, 2002,
must be immediately implemented on the site sufficient to restrain off -site sedimentation, or
if that plan can no longer address the field conditions, submit to this office a revised plan that
addresses current erosion and sediment control needs.
127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Comer
July 30, 2003
Page Two
2. Failure on a tract of more than one acre, when more than one acre is uncovered, to provide
a permanent ground cover sufficient to restrain erosion on such exposed areas within 15
working days or 90 calendar days, whichever is the shorter after completion of construction
or development. G.S. 1 13A-57(3) and 15A NCAC 46.0007(b).
Adequate groundcover sufficient to restrain erosion had not been provided to graded or
exposed areas.
3. Failure on a tract of more than one acre, when more than one acre is uncovered, to install
sedimentation and erosion control devices sufficient to retain the sediment generated by the
land -disturbing activity within the boundaries of the tract during construction upon and
development of the tract. G.S. 1 13A-57(3).
Drainage ditching and piping not detailed on the approved plan had been installed without any
measures to contain sediment on site. Grading had occurred in several areas without any
measures installed to prevent off site sedimentation in adjacent wetlands and/or property.
4. Failure to take all reasonable measures to protect all public and private property from damage
by such land -disturbing activities. 15A NCAC 413.0005.
All reasonable measures were not taken to protect adjacent public and private property from
damage by land disturbing activities.
5. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer
zone nearest the land -disturbing activity. G.S. 113A-57(1).
The buffer zone had been breached in several locations to install piping that discharged into
wetlands. ,In addition, the buffer zone is not adequate in areas where off site damage had
occurred.
6. Failure to maintain on graded slopes and fills and angle which can be retained by vegetative
cover or other adequate erosion control devices or structures. G.S. 113A-57(2) and (if in HQW
Zone) 15 NCAC 413.0024(d).
Slopes along the west side of. the wetland crossing appear greater than a 2:1 horizontal to
vertical ratio.
7. Failure within 15 working days of 30 calendar days (whichever period is shorter) of completion
of any phase of grading to plant or otherwise provide exposed, graded slopes or fills with
ground cover, devices, or structures sufficient to restrain erosion. G.S. 1 13A-57(2).
Slopes throughout the project have been left exposed and are severely eroded.

Comer
July 30, 2003
Page Three
8. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation
control measures and facilities during the development of a site. 15 NCAC 413.0013.
Sedimenttraps that have been installed have not been maintained. Washouts were observed
around the rip -rap in several locations of the installed sediment traps. Silt fence was
overloaded in several locations.
To correct these violations, you must:
1. Submit a revised plan reflecting actual site conditions. Install erosion control measures
per approved plan.
2. Provide adequate groundcover to all exposed and graded areas.
3. Install sedimentation and erosion control devices sufficient to retain sediment generated
by the land disturbing activities.
4. Take all reasonable measures to protect public and private property from damage by
land disturbing activities.
5. Provide adequate buffer zones along wetlands.
6. Reshape all excessively steep and eroded slopes.
7. Provide exposed, graded slopes or fills with groundcover sufficient to restrain erosion.
8. Sediment traps should be constructed as detailed in the approved plan and restored in
damaged areas. Overloaded silt fence should be cleaned out and restored.
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 to restrain
accelerated or man-made erosion.
The initial one day civil penalty could be an assessment of up to $5,000.00. A time period for
compliance is not required for this initial one day civil penalty pursuant to.NCGS 113A-61.1 (c) and
NCGS 113A-64(a)(1). An initial one day civil penalty is being considered for this project.
If the violations described in this Notice are not corrected within 20 days following your receipt
of this Notice, the Division of Land Resources may take additional appropriate legal action against you
pursuant to NCGS 113A-64. That action could be the assessment of additional civil penalties and may
result in the initiation of other remedies as prescribed by the Act. If additional civil penalties are
assessed for the violations, the amount may be up to $5,000.00 per day for each day of the violation
pursuant to NCGS 133A-64(a)(1). If all violations are corrected within the time period specified for
compliance, additional civil penalties or legal remedies will not be pursued.

Comer
July 30, 2003
Page Four
Any new land -disturbing activity associated with this project should not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete,
you should notify this office so that the work can be inspected. You should not assume that the site
is in compliance with the Act until we have so notified you. In addition, once compliance has been
achieved, all installed measures must be satisfactorily maintained until development is complete and
the site is fully stabilized to avoid further violations of the Act.
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 Trentt James or me at your earliest convenience.
Please do not hesitate to contact me regarding any questions you might have about this
matter.
Sincerely,
'f�— Y�
Daniel Sams, P.E., M.E.
Regional Engineer
DES//bfr
cc: Sedimentation Specialist
WiRO•LQS
DWQ Supervisor•WiRO
Enclosure: Inspection Report

Case #
: VU,.KJHLAXU,L[NADEPARTMENT OFENVIRONMENTANDNATURAL RESOURCES .. ".'p.
LAND ,QUALITYSECTION.• 127 Cardinal Drive, Ext., Wilmington, NC 2 84 05-3 84 5 (910) 3 95-3 900
County i�, rt n ET Project: W rt s rE CG P Ic �j ►,l,i c L River Basin ) rll rr 0,0.1
Person Financially Responsible: Tra cr 4 L A<.T !'. << L C C. i r-n Project # (1,0
Address: t C' ' x 17 C ^t [ , _ ,i 7 C, ram_ i.
1. Project Location Ai eQ ;l41 Pictures: No ❑ Yes R'
2. Weather and Soil Conditions _ r:',_e, ov ? 1v1c,,•rc,, G„ ;
3. Is site currently under notice of violation? . Yes ❑ No )W
4. Is the site in compliance with the S.P.C.A. and the rules? Yes C
5. Violations:
❑ a. No approved plan, G.S. 113A-57(4) and 15A NCAC 0413.0107(c)
.Rb. Failure to follow approved plan, G.S. I I3A-61.1
❑ c. Failure to submit revised plan, G.S. I I3A-54.1(b) and
15A NCAC 0413.0118(a)
J9 d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and
15A NCAC 04B.0I07(b) or 15A NCAC 04B.0124(e)
>re. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
A f. Failure to take all reasonable measures, 15A NCAC 04B.0105
6. Potential NPDES Permit Violation? Yes,M No ❑ Describe t*a 6c m rt , A, , ' i ,,, / S P. K A
7. Has sedimentation damage occurred since last inspection? Yeses If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ;K Lake/natural watercourse off the tract W Other property JR
Description:_ t, r. , va S d - �") (^ l- 4 S ) T*
Degree of damage: Slight ❑ Moderate ❑ Severe );r
8. Contact made with (Name) V, i , .;-? is ,,,, , 7-).1 TirlP
Inspection Report given ❑ or sent)Z
9. Corrective actions needed:
5 T
Prints ❑ Slides ❑ Digital .9-. Video ❑
No )W If no, check violations below:
Mg. Inadequate buffer zone, G.S. 113A-57(1)
Z(h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 0413.0124 (d)
W. Unprotected exposed slopes, G.S. 113A-57(2)
Oj. Failure to maintain erosion control measures,
15A NCAC 04B.0113
❑ k. Other(describe)
to Person Financially Responsible Date
10. Comments: A A!C ? ! (r r F, 1Z 45 i ICN1 w
f1: 9 Ca'Cf2T
Report by: ; ►7r �jr , ► Ayr) t- ' Others present
Date of Inspection: 7fi; ?tt Time arriving at site: //; &a Time leaving site: / to
cc: ems E _� 1,nn ` ? 0 CC, Scnl ,

White Oak Shores
Carteret County
7/29/2003
Corrective Actions
Submit a revised plan to show actual site conditions: According to Approval Condition 7
on the Letter of Approval drafted November 25, 2002 the land disturbance activities were
to be done in phases that were not to exceed 20 acres at any time or to exceed a total of
80 acres. Exceeding that acreage would be a violation of the permit and would require a
revised plan and additional application fee. Grading had occurred in several phases of the
project including Phase A, D, B-1, B-2, F-1, and F-2. Grading had occurred in Phase F-2,
which is not depicted on the approved plan.
Install erosion control devices per approved plan. Sediment traps were not installed in all
of the locations detailed on the plan. In addition, silt fence was not installed in all
locations detailed on the plan. As a result off site sediment was observed in several
locations, including 404 Wetlands.
Adequate groundcover should be provided to all exposed and graded areas.
Drainage ditching that does not appear on the approved plan had been dug without any
measures to retain sediment on site. Piping that does not appear on the approved plan had
been installed with direct discharge to wetland areas without any measures to retain
sediment on site. Grading had occurred in several areas without any measures installed to
prevent off site sedimentation in adjacent wetlands and/or adjacent property.
The buffer zone had been breached in several locations to install piping that discharged
into wetlands. The buffer zone may have been breached along the northeastern section of
Phase F-1 and northern section of Phase F-2.
Slopes along the west side of the wetland crossing appear too steep and are exposed.
Additional slopes throughout the project have been left exposed and are severely eroded.
Protection should be provided to all exposed slopes. All eroded or excessively steep
slopes should be reshaped.
Sediment traps that have been installed have not been maintained. Sediment traps should
be installed as detailed on the approved plan. Washouts were observed around Riprap in
several locations of the installed sediment traps. Silt fence that had been installed was
overloaded with sediment in several locations. Overloaded silt fence should be cleaned
out and restored.

Comments
Contact was made with Bud Smith on site who informed me that the owners were out of
town and would be back the,following Monday. I informed Mr. Smith that I was with the
North Carolina Department of Environment and Natural Resources, Land Quality Section
and was conducting an erosion and sedimentation control inspection. He was made aware
that sediment traps had not been installed at the entranceway of Phase A. I informed Mr.
Smith that I would be inspecting the remainder of the property and he agreed that that
was fine, upon which time he left the site.