20140176 Ver 1_Notice of Violation NOV 2018PC0449_20181210

r) c (Zign Envelope ID: C64BDAA7-4886-4053-9DA2-8C7D81C9F0A^
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November 28, 2018
CERTIFIED MAIL # 7017 0190 0000 9527 0334
RETURN RECEIPT REQUESTED
Onslow Development Group, LLC
Attn: Elijah T. Morton
121 Garnet Lane
Jacksonville, NC 28546
Subject: NOTICE OF VIOLATION AND RECOMENDATION FOR ENFORCEMENT
NOV 2018 -PC -0449
Peyton Lake
Onslow County
Dear Mr. Morton:
On October 23, 2018, Robb Mairs of the Division of Water Resources (DWR) Wilmington Regional Office
(WiRO), Holley Snider of the Division of Energy, Mineral, and Land Resources (DEMLR), Rachel Capito
with the US Army Corps of Engineers, David Bunn with Parker & Associates, and Jennifer Morton with
Onslow Development Group, LLC conducted a site inspection of an unpermitted impacts at the location
of Lots 228, 237, 238, 275, 276 and 277 as shown on the Pre -Construction Notice (DWR# 20140176) for
the Peyton Lake subdivision. During the inspection it was noted that there were multiple failures of the
sediment and erosion measures resulting in sediment within wetlands. The Division estimated that
approximately 0.43 acres of wetland area was impacted. During this site visit DWR and the USACE
located and flagged the extent of the sediment impacts within the wetlands.
Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection and subsequent file review:
Item I. Wetland Standards Violations
Wetland disturbance corresponding to sediment and fill in wetlands and getting into the wetlands were
observed. The sediment/fill impacts in wetlands represent violations of the following North Carolina
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: C64BDAA7-4B86-4053-9DA2-8C7D81C9FOA4
wetland standard:
Title 15A North Carolina Administrative Code 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may
cause adverse impacts on existing wetland uses;
(5) 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
Sediment from the failed sediment erosion control measures has accumulated within the wetlands.
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this Notice. Your response should be sent to this office at the letterhead address and include the
following:
Please submit a Restoration Plan to this office for review and approval. You are encouraged to
secure a consultant to assist you with your plan to achieve compliance. This plan should
include the following:
A map that depicts the extent of the wetlands areas impacted
Wetland Restoration Plan (sediment impacts) — Sediment impacts to the wetlands on-site must
be removed. It is recommended that you use hand labor (buckets, shovels and wheelbarrows)
to remove deposited sediment from the wetlands. The sediment should be removed from the
wetlands, taken to high ground away from the wetlands and stabilized with the use of silt fencing.
Also, the plan must address the measures that will be used for temporary stabilization/sediment
control while this work is under way. The use of wattles/coir logs is highly recommended to keep
the sediment from moving further downstream and into additional adjacent wetlands or
streams.
2. Please include in your response a detailed schedule with dates explaining when the restoration
will be accomplished.
3. It is required that you contact the Division of Energy, Mineral, and Land Resources and the U.S.
Army Corps of Engineers to ensure that your restoration efforts are in compliance with the
Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. Your Contact for
the US Army Corps of Engineers is Rachel Capito at 910.251.4487 or
[e-mail] and your contact for the Division of Energy, Mineral, and
Land Resources is Holley Snider at 910.796.7215 or [e-mail].
4. Finally, please explain how you propose to prevent these problems from recurring in the
future.
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: C64BDAA7-4B86-4053-9DA2-8C7D81C9FOA4
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Resources regarding these issues and any
future/continued violations that may be encountered. This office requires that the violations, as
detailed above, be abated immediately and properly resolved. Environmental damage and/or failure
to secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it
is an action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. Your above-mentioned
response to this correspondence, the degree and extent of harm to the environment and the duration
and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur.
Should you have any questions regarding these matters, please contact Robb Mairs at 910.796.7303 or
me at 910.796.7218.
Sincerely,
DocuSigned by:
E3ABA14AC7DC434...
Morella Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
cc: Karen Higgins - 401 Wetlands and Buffers Unit — electronic copy
David Bunn — Parker and Associates — electronic copy
Shelton Sullivan — 401 Wetlands and Buffers Unit — electronic copy
Rachel Capito — USACE Wilmington Field Office — electronic copy
Holley Snider — DEMLR WiRO — electronic copy
Dan Sams — DEMLR WiRO — electronic copy
WiRO
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov