20070587 Ver 1_Notice of Violation_20090413

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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
Secretary
April 7, 2009
Mr. Jim Wiseman .cy j g
Wakefield Development fi
7246 Beach Drive SW Ors ++''
Ocean Isle Beach NC 28469 h, pR 1 C? 20rn
DEN IR - WATER QUALl I Y
Subject: Kingfsh Bay t"ETLA,'''DS AND S i ORM--%IATER BRA .,,4
NOTICE OF VIOLATION (NOV-2009-PC-0329)
Construction Stormwater Permit NCG010000 (NCR000556),
401 Water Quality Certification (DWQ # 2007-0587)
Brunswick County
Dear Mr. Wiseman:
On April 2, 2009, Mr. Chad Coburn from the Wilmington Regional Office of the Division of
Water Quality conducted a site inspection for the tract/project known as Kingfish Bay, located near
Calabash, 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 NCGO 10000. A
Construction Stormwater General Permit (NCGO 10000) 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 (NCGO 10000) authorizes the discharge of stormwater
under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A North
Carolina Administrative Code 21-1.0100. In addition, this project was inspected for compliance with the
401 Water Quality Certification with Additional Conditions covered by certification number 3627 granted
on June 22, 2007. These inspections revealed that the subject property has the following violations as
detailed below:
1. Construction Stormwater General Permit NCG010000
a) 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.
b) Rain Gauge Data (Part I. Section B. No 1.)
Rain gauge data, measured daily, was not on site and available for review.
C) 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.
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
Phone [phone]
FAX [phone]
01- OS$1

Natural Resources
None hCarolina
Customer Service 1 -877-623-67.
Internet: h2o.enr.state.nc.us
2
Kingfish Bay
Brunswick County
NOV-2009-PC-0329
Required Response - You are directed to respond to this letter in writing within 30 days of receipt.
Your response should include the following:
1. A statement documenting that the approved Erosion and Sediment Control Plan is on-site and
available for review 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.
4. List and explain all actions you have taken or plan to take to achieve full compliance with the
Construction Stormwater general permit NCGO10000. 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].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Emily Hughes - USACE Wilmington Field Office
WiRO