20081788 Ver 1_Notice of Violation_20090130

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretarv
January 30, 2009
CERT MAIL 47008-1140-0002-9563-2059
RETURN RECEIPT REOUESTED
Mr. Franky Thomas
P.O. Box 40
Leland NC 28451
Subject: NOTICE OF VIOLATION
NOV-2009-WQ-0002
Parcel #038BC019
Brunswick County
Dear Mr. Thomas:
On January 29, 2009, Mr. Chad Coburn from the Wilmington Regional Office of the Division of
Water Quality conducted a site inspection for the property at Parcel #038BC019, across from
102 Riverview Drive, Leland, North Carolina. The site visit revealed that the subject property
has the following violations as detailed below:
(I) Removal of Best Usage
(II) Wetland Standards
1. Removal of Best Usage - Earthen fill, concrete, and an unauthorized culvert crossing has
been placed within an Un-named Tributary to the Brunswick River. This is a violation of 15A
NCAC 02B .0211 (2) which states, "The waters shall be suitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of
water pollution which preclude any of these uses on either a short-term or long-term basis shall
be considered to be violating a water quality standard."
II. Wetlands Standards - Earthen fill, concrete, and other debris have been placed in an area
adjacent to the above-mentioned stream that is believed to be wetlands. This may be a violation
of 15A NCAC 02B .0231 (b)(1) & (5) which states, "Liquids, fill or other solids or dissolved
gases may not be present in amounts which may cause adverse impacts on existing wetland uses;
Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on: (C) The chemical, nutrient
and dissolved oxygen regime of the wetland; (D) The movement of aquatic fauna; (F) Water
levels or elevations.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Natural Resources
Phone [phone]
FAX [phone]
NorthCarolina
Customer Servicel-877-623-67 atUrall
Internet: h2o.enr.state.nc.us
2
Franky Thomas Property
Brunswick County
NOV-2009-WQ-0002
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 days of receipt. Your
response should include the following:
1. You have submitted a PCN application to the DWQ for some of these impacts. However,
it appears that you have not accounted for all of the impacts. In addition, the site needs to
be stabilized immediately to prevent further degradation to the wetlands and stream.
Include a detailed schedule with dates explaining when you intend on stabilizing the site.
2. Stream Restoration Plan - Please explain how you plan to remove the concrete and other
debris. The streambed must be restored to the original profile, the stream banks must be
stabilized, and any fill material must be removed from the riparian zone. Replanting of
the riparian zone will be required.
Wetland Restoration Plan - Please explain how you plan to remove the earthen fill,
concrete, and other debris and how the wetlands will be restored. This plan will require
an herbaceous wetland seed mix for all wetlands that are disturbed;
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].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Kim Garvey - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Jim Vithalani - Right Angle Engineering, 212 Princess Street, Wilmington, NC 28401
Ian McMillan - DWQ 401 Oversight and Express Unit
Ms. Melody Jennings - Leland Town Hall, 102 Town Hall Drive, Leland, NC 28451
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