20080483 Ver 1_Notice of Violation_20080416

F W pTF
9
~
~ p Michael F. Easley, Governor
William G. Ross Jr., Secretary
G
0
~ North Carolina Department of Environment and Natural Resources

~_ ~ Coleen H. Sullins, Director
{~ -~ Division of Water Quality
April 16, 2008
CERTIFIED MAIL #7007-0220-0000-8225-0809
RETURN RECEIPT REQUESTED
Archie McGirt
5044 Carolina Beach Road
Wilmington NC 28412
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0280
MJ Storage -Leland
Compliance Evaluation Inspection
Construction Stormwater Permit - NCGO10000 &
401 Water Quality Certification Inspections
NCR000869, DWQ # 2008-0483
Dear Mr. McGirt:
On April 15, 2008, Mr. Chad Coburn from the Wilmington Regional Office of the
Division of Water Quality conducted a site inspection for the project known as MJ
Storage -Leland, located off of Mt. Misery Road, Leland, North Carolina. The site visit
and file review revealed that the subject project has an approved Erosion and
Sedimentation Control Plan and is covered by Stormwater General Permit NCGO10000.
A Construction Stormwater General Permit (NCGO10000) is issued upon the
approval of an Erosion and Sedimentation Control Plan. This permit applies to projects
that receive a Division of Land Resources (DLR) (or local delegated program) Erosion
and Sedimentation Control Plan for land disturbance of 1 acre or greater. Specifically,
the General Permit (NCGO10000) authorizes the discharge of Stormwater under the
National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A
North Carolina Administrative Code 2H.0100.
In addition, this project was also inspected for compliance with the 401 Water
Quality Certification covered by general certification number GC3705. No written
concurrence was required from the DWQ for this certification for 0.09 acres of impacts.
However, GC3705 has a requirement listed as condition number 4, which states:
"Construction Stormwater Permit NCGO10000 -Upon the approval of an Erosion and
Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR
delegated local erosion and sedimentation control program, an NPDES General
Stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows Stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NOrthCarO
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
,~atura~

Page 2
MJ Storage -Leland
Archie McGirt
NOV-2008-PC-0280
Brunswick County
covered by this permit [applicable to construction projects that disturb one (1) or more
acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms maybe found at
http: //h2o. enr.state. nc. us/su/Forms Documents. htm."
Accordingly, the following observations and/or permit conditions violations
(please see the attached addendum for information about your permit) were noted during
the Division of Water Quality inspection:
1) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was
not on site and available for review.
2) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on site at the time of inspection.
3) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review. *Project
personnel not available during DWQ site inspection.
4) Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were not on
site and available for review. *Project personnel not available during DWQ site
inspection.
5) Maintenance of Erosion Control Measures (Part I, Section C: No. 2.)
According to the Sedimentation Inspection Report from Land Quality dated March 17,
2008, the project was cited for failing to maintain the erosion control measures.
Required Response
As listed above, the NCGO10000 stormwater permit requires inspection and
record keeping for the project site. Accordingly, you are directed to respond to this letter
in writing within 30 days of receipt. Your response should include the following:
A statement documenting that the approved Erosion and Sedimentation Control
Plan is on-site and available for review and that a rain gauge has been properly
installed as required by the permit.
2. Include all rain gauge data collected from the date of land disturbance up to the
date of your response. If you do not have data, explain why.
3. Provide all inspection records from the, date of land disturbance up to the date of
your response. If you do not have records, explain why.

Page 3
MJ Storage -Leland
Archie McGirt
NOV-2008-PC-0280
Brunswick County
4. List and explain all actions you have taken or plan to take to prevent sediment
from leaving the site and to achieve full compliance with the approved plan and
the general certification. Include a detailed implementation schedule with a final
date of compliance.
This office requires that the violations, as detailed above, be immediately and
properly resolved. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have
any questions regarding these matters, please contact Chad Coburn at [phone].
r
Sinc ely,
Edward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
~> ~y~d~ Karoly -Wetlands 401 Unit r~
Dan Sams -Land Quality Wilmington Regional Office
Kimberly Garvey - USACE Wilmington Field Office
Central Files
WiRO files