HomeMy WebLinkAboutWT003251_NOV_20220211ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
February 11, 2022
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL #7018 1830 0000 9681 5869
RETURN RECEIPT REQUESTED
Brazda Marine, Inc.
Attn: Frank Brazda, President
2645 Highway 24
Newport, NC 28570
Subject: NOTICE OF VIOLATION
NOV-2022-PC-0047
WT003251
Failure to Obtain State Stormwater Management Permit
Brazda Marine
Carteret County
Dear Mr. Brazda:
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC)
2H .1000 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a
Stormwater Management Permit.
On February 9, 2022, Division of Energy, Mineral and Land Resources (DEMRL) in the Wihnington Regional
Office inspected the site and observed land disturbance and impervious surfaces installed on the subject
development site known as Brazda Marine located at 2645 Highway 24, Newport, Carteret County, North
Carolina. DEMLR also observed the construction of 64,000 square feet of built upon area draining to Bogue
Sound, classified as SA ORW.
A review of DEMLR files confirmed that a State Stormwater Management Permit has not been issued prior to
construction of impervious surfaces at the subject site as described above. As a result of the site inspection and
file review, the following violations are noted:
Failure to Obtain a State Stormwater Management Permit
Title 15A NCAC 2H .1000, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit
for development activities within the 20 coastal counties that require a Coastal Area Management Act (CAMA)
Major Permit, require an Erosion and Sedimentation Control Plan, nonresidential activities that add more than
10,000 square feet of built -upon area, or residential development activities that meet the following requirements:
located within V2 mile and draining to Class SA waters, have a built upon area of greater than 12%, and will add
more than 10,000 square feet of built upon area. The inspection and DEMLR file review confirms that this
nonresidential site added more than 10,000 square feet of built -upon; however, a State Stormwater Management
Permit was not obtained prior to construction of impervious surfaces at the subject site described above.
Required Response
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice.
Your response should be sent to the address on this letterhead or to the email address provided below and should
address the following items:
1. When construction (excavation, grubbing, and clearing) began at the site.
2. A clear explanation why the appropriate Stormwater Permit was not secured.
D_0 Q�� North Carolina Department of Environmental Quality Division of Energy. Mineral and Land Resources
Wilmington Regional Office 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
n a•�� / 910.79b.7215
Brazda Marine
NOV-2022-PC-0047
WT003251
Page 2 of 2
A plan of action stating how and when the site will be brought into compliance, including the
submittal of a complete permit application, complete supplement form, a signed O&M agreement,
sealed calculations, and two sets of detailed plans along with the required $505 processing fee. The
application form, supplement-EZ form, and O&M-EZ form can be found on the following website
under the Post -Construction section: deg.nc. ovg /SW. Please note that a Designer's Certification is
also required upon project completion.
Thank you for your immediate attention to this matter. Please be advised, these violations and any continuing
or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation
pursuant to North Carolina General Statute 143-215.6A.
This office requires that the violations, as detailed above, be abated and properly resolved. Should you have
any questions regarding these matters, please contact Brian Lambe at 910-796-7215 or via email at
Brian.Lambe@ncdenr.gov
Sincerel
l :iy,
Wrenn, Director
Division of Energy, Mineral, and Land Resources
Enclosures: Compliance Inspection Report
DES\bpl: \\\StormWater\Permits & Projects\Application Reguests\2022 02 NOV WT003251
cc: Toby Vincent / Alaina Morman, DEMLR Central Office, via email
Wilmington Regional Office Stormwater File
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
Site Inspection Report
Site Number: WT003251
Site Name: Brazda Marine
Site Address: 2645 Highway 24
County: Carteret
Directions:
Latitude: +340 43' 37"
Site Owner Name: Brazda Marine Inc
Inspection Date: 02/09/22
Reason for Inspection: Routine
Inspection Type: Records/File Review (DOT)
Inspection Contact Person:
On -Site Representative(s)
Region: Wilmington
Longitude: -76' 55' 22"
Phone:
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
Facility Compliance Status: ❑Compliant Not Compliant
Program Areas: State SW
Question Areas:
Failure to Secure State SW Permit
Inspection Summary:
Data acquired by Google Earth, Carteret County Tax GIS, Carteret County Register of Deeds, USGS maps, and
observatons throughout the years of development.
page, I
Site Number: WT003251 Owner: Brazda Marine Inc
Inspection Date: 02/09/22 Inspection Tvpe: Records/File Review (DOT) Reason for Visit: Routine
Failure to Secure State SW Permit Yes No NA
Does the site have an authorized State Stormwater Management Permit? ❑ 0 ❑ ❑
Comment: The property was acquired 12/14/2012 by Frank and Casandra Brazda. Development of the site began in
2013 with a distrubed area of approximately 22,000 square feet of built upon area. 2017 added an
additional 20,000 square feet of BUA. 2019 added 14,000 sq ft of BUA. 2020 added an additional 8,000
sq ft. The phased development of 64,000 sq ft of BUA is over the one acre threshhold for an erosion
control plan. It is also over 10,000 square feet for commercial development within a coastal count
site is within 1/2 mile of Bogue Sound, SA, OWR. The soil is Kureb(KuB).
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