NCG160196_COMPLETE FILE - HISTORICAL_20190312

PERMIT NO.
DOC TYPE
DOC DATE
STORMWATER DIVISION CODING SHEET
NCG PERMITS
HISTORICAL FILE
❑ MONITORING REPORTS
❑ A611 0�3 1',I
YYYYM MDD

POY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
N,larch 12, 2019
ABJK, LLC
115 Atlas Brown Drive
Jacksonville, NC 2854C
NORTH CAROUNA
Environmental Quality
Subject: Compliance Evaluation Inspection
NPDES General Stormwater Permit NCG160000
Certificate of Coverage NCG160196
Onslow Grading and Paving -Hubert
OnsIOW County
Dear Mr. Brown:
On March 11, 2019, Brian Lambe from the Wilmington Regional Office of the Division of Energy, Mineral,
and Land Resources (DEMLR), conducted a compliance evaluation inspection for Onslow Grading and
Paving -Hubert located in Onslow County, North Carolina. The site drains to Queen Creek, which is
currently classified as Class SA, HQW Waters in the White Oak River Basin.
The following observations were noted during the DEMLR inspection (please see the attached
addendum for additional information about your permit):
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, and properly
implemented.
Yes + + No
2) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements.
Yes !! + No IN
3) Anal ical Monitoring
Analytical monitoring has not been conducted and recorded in accordance with permit requirements.
Yes Ci No 0
Other Observations:
Please contact this office for a compliance/technical assistance inspection.
Thank you for your assistance and cooperation during this inspection. Please be advised that violations
of the NPDES Stormwater General Permit may be subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. If you have any questions, comments, or need assistance with
understanding any aspect of your permit, please do not hesitate to contact Dan Sams or me at 910-796-
7215 or Brian. [e-mail]
Sincere) ,
ria Lambe
ironmental Specialist
Land Quality Section
North Carolina Department of Environmental Qualify I Division of Energy, Mineral and Land Resources
D- E Wilmington Regional Office i 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLIIW
Q��"J
°.p. [ 0 En'* .nm °wu 910.796.7215

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Permit: NCG160196
SOC:
County: Onslow
Region: Wilmington
Contact Person: Edith R Brown
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Compliance Inspection Report
Effective: 10/02/14 Expiration: 09/30/19 Owner: Abjk LLC
Effective: Expiration: Facility: Onslow Grading & Paving - Hubert
103 Waterfront Rd
Hubert NC 28539
Title: Phone: [phone]
Inspection Date: 03I1112019
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Certification: - Phone:
Entry Time: 02:OOPM Exit Time: 03:00PM
Phone:
Reason for inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Storm water
(See attachment summary)
Page 1 of 3

Permit: NICG160196 Owner - Facility; Al LLC
Inspection Date: 03 1 11205E Inspection Type : Compliance Evaluation Reason for Visit- Complaint
Inspection Summary:
Facility has not documented adherance to the permit conditions. The permittee should re-establish stormwater protocols for
the site. Contact this office for a compliance inspection.
The SPPP has not been maintained.
Monitoring requirements have not been conducted.
Site BMPs have not been maintained.
BMPs should be formalized in the SPPP.
A berm should be established to define outfalls at pond outlets. Asphalt stockpiles have overtaken the berm in serveral
areas. Additional discharges must be documented and then included in sampling protocols.
Ponds should be engineered to hold at least the 10 year storm. Best management of the ponds should be defined.
Ponds need to be cleaned out Stormwater must flow into the pond at the rear of the pond; one location had the stormwater
short circuiting the pond by entering at the weir location. The weirs of the pond appeared to be packed too tight preventing
drainage.
Chemical storage must have secondary containment and located away from drainage features.
Page 2 of 3

permit: NCG160196 owner - Facility:Abik LLC
Inspection Date: 0311 112015 Inspection Type : Compliance Evaluation Reason for Visit: Complaint
Stormwater Pollution Prevention Plan
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices"?
# Does the Plan include a detailed site map including outfall locations and drainage areas?
# Does the Plan include a list of significant spills occurring during the past 3 years?
# Has the facility evaluated feasible alternatives to current practices?
# Does the facility provide all necessary secondary containment?
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
# Does the Plan include a list of Responsible Parly(s)?
# Is the Plan reviewed and updated annually?
# Does the Plan include a Stormwater Facility inspection Program?
Has the Stormwater Pollution Prevertlon Plan been implemented?
Yes No NA NE
IN ❑ ❑ ❑
❑ ® ❑ ❑
Is ❑ ❑ ❑
❑ ® ❑ ❑
❑®❑❑
❑ ® ❑ ❑
❑ ® ❑ ❑
®❑❑❑
❑ ® ❑ ❑
® ❑ ❑ ❑
❑ ® ❑ ❑
® ❑ ❑ ❑
❑ ® ❑ ❑
❑ ® ❑ ❑
❑ ® ❑ ❑
Comment: SPPP is not updated and maintained. Last Annual Review and Lmolovee Training documents
are 2014. Documentation falls off after_2014. SPPP needs an updated and accurate map of the
site conditions. BMPs, and outfalls.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ® ❑ ❑
Comment: Facility has no current sampling data.
Analytical Monitoring
Has the facility conducted its Analytical monitoring?
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Comment: Facility has no current sampling data.
Permit and Outfalls
# Is a copy of the Permit and the Certificate of Coverage available at the site?
# Were all outfalls observed during the inspection?
# If the facility has representative outfall status, is it properly documented by the Division?
# Has the facility evaluated all iilicit (non Stormwater) discharges?
Yes No NA NE
❑ ® ❑ ❑
❑ ❑ ® ❑
Yes No NA NE
® ❑ ❑ ❑
® ❑ ❑ ❑
❑❑a❑
❑ ON ❑ ❑
Comment: Berms need to be reestablished to direct water to stormwater ponds (BMPs)_
Ponds 1-3 need to be maintained The ponds should be engineered to capture at least the 10
year storm.
Page 3 of 3

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
leiterim Director
March 12, 2019
Onslom, .Asphalt, Inc.
Ms. Billie ,M. Bell Howard
3153 Freedom Way
Hubert. ti-C 28539
Onslow Paving and Grading, LLC
1 ] 5 Atlas Brown Drive
Jacksonville, NC 28540
ABJK, LLC
1 15 Atlas Brown Drive
Jacksonville, \C 28540
Robert L Fisher Jr and Debbie Fisher
112 Oyster Bay Road
Swansboro, NC 28584
NORTH CAROUNA
Environmental Quality
Subject: Notice of Inspection —Not Compliant
Onslow Asphalt, Inc.
State Stormwater Management Permit No. SW8 SW8 980808
Onslow County
Dear Ms. Howard:
Effective August 1, 20137 the State StOnDwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for compliance with
the permit.
On March 11, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project, located at Waterfront Road in Onslow County to
determine the status of compliance with the State Stormwater Management Permit\umber SW8 980808
issued on November 2, 1998. DEMLR file review and site inspection revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed form
entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the
recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Onslow Asphalt, Inc is dissolved. Please submit a permit transfer application form.
2. Additional development has occurred within the original limits of the permit. The original permit
accounted for 110 acres. Development on parceled land must be submitted as a revised plan.
3. The asphalt plant. has not maintained treatment for the stormwater. The permit application
details sheet flow in the location of the asphalt and rock stockpiles and for vegetative convevance.
Submit revisions in best management practices.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
e:!5fD_EQ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�^�aE ^+­ 910.796.7215

�Statc 5tormwater verrmi `o. a w n ysuxux r
Page 2 of
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Permit Transfer Application Form to the Division of Energy; Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. This form is available on our website at:
htips:Hdeq nc.gov/abou€/divisions/energy;mineral-land-resources/energy-mineral land-rules/stormwater-
�rograrn/post-construction. -
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit,
b. The sale or conveyance of the common areas to a Homeowner's or Property Owners
Association; subject to the requirements of Session Law 201 1-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. ]dissolution of the partnership, corporate ent.ify or LLC. Per NCGS 57D-6-07, a dissolved LLC
shall wind up, which may include continuing the business of the LLC for a period of time. The
person charged with winding up the LLC shall collect the LLC's assets [which include the
stormwater management permit], and distribute the assets as provided in CGS 57D-6-08(2).
f. A name change of the owner / permittee;
g. A name change of the project;
h. A mailing address change of the permittee.-
Please be advised that until you submit the required Permit Transfer Application Form to the Division and
receive approval from the Division to transfer the permit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 1 SA North Carolina
Administrative Code 2H -1003 and north Carolina General Statute_ 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested infon-nation, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by March 31, 2019, are considered violations of the permit.
Jf the requested information is notsubmitted,to this office by the due date; then DEMLR staff will re-
inspect the.site and may issue a Notice of Violation. Please also note that any individual or entity found to
be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is
subject to enforcement action as set forth in \CGS 143 Article 21, including the assessment of civil
penalties of up to 525,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office; telephone number (910)-
796-72I 5 or via email at [e-mail]
SincereI .
n Lambe
Environmental Specialist
Enclosure: Compliance Inspection Report
Permit Transfer Application Form
GDS1bpl: 111StormwaterlPerntits & Projects11998\980808 LD12019 03 CEI_deficient 980808
cc: WiRO Stormwater Permit File

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10
Permit:
SW8980808
Project:
Onslow ASphali
Owner:
Onslow Asphait Inc
County:
Onslow
Region:
Wilmington
Contact Person: Billie Howard
Directions to Project:
Compliance Inspection Report
Effective: It 1102198 Expiration:
Type of Project: State Slormwaler - Low Density
Drain Areas: 1 - (Queen Creek; (03-05-01) ( SA;HQW)
On -Site Representative(s)-
Title:
Actress: 103 Waterfront Rd
CitylStatelZip: Hubert NC 28539
Related Permits:
Inspection Date: 03111/2019 Entry Time: 02:OOPM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: Compliant ® Not Compliant
Question Areas:
® State Stormwaler
(See attachment summary)
Phone:
Exit Time: 03:OOPM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit Sti1%18980808 Owner - Project: Onslow Aspnalt Inc
f
Inspection [late: 0311 .12019 Inspection Type Compliance Eveluation Reason for Visit: Corn plaint
Inspection Summary:
The stormwater permit SkfV8980808 does not address the development that has occured within the original 110 acres.
The site has been subdivided with different owners. The asphalt plant does not utilize the approved sheet flow and
vegetative conveyances to treat stormwater as approved. Onslow Asphalt Inc is dissolved.
The permit is required to be revised to include all changes In built upon area; ownership, and best management
practices Please contact this office immediately
page: 2

I
Permit: SVV8950608 Owner - Project: OnslowAsphaltInc
Inspection Date: 0311 il2D+9 inspection Type Compliance Evaluation Reason for Visit: complain"
Fife Review Yes No NA N€
Is the permit active? ® ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the fike?
■ ■ r VE
Copy of the recorded deed restrictions is }n the file? ❑ M ❑ ❑
Comment: Onslow Asphalt Inc is dissolved. The2roperty is owned by ABJK, LLC. The original acreage is that
allowed for low density is no longer controlled by the asphalt plant
BuiltUpon Area Yes No NA NE
Is the site SUA constructed as per the permit and approval plans) ❑ ® ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ Ui ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ® ❑ ❑
Comment The site is a LD because they claimed over 110 acres, develepinq less than 29 acres. The property the
plant is on is new owned by ABJK. LLC; acquired from Billie M. Bell Howard in 2/2/2006. totaling 5.3
acres Billie M Bell Howard was the sicnee of the state_sw_permit application as "owner". The adjacent
property is owned by, among other properties. Billie M. Bell Howard totaling 72.74 acres no sales after
1979. Another adjacent property is owned by Robert and Deborah Fisher Grantor Billie M_ Bell Howard,
12/06/2017. totaling 7.65 acres.
The parcels owned by Robert and Debbie Fisher have been developed without a revised stormwater
ep rmA.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ®❑ ❑
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: The approved plan includes "area to utilize sheet drainage", but also calls for the same area to be used
for future stockpiles. The permit application states that stormwater will be treated with "vegetative
conveyances". The asphalt plant has stockpiles that prevent sheet flow, and there is no vegetative
conveyance defined.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Are the SW BMP inspection and maintenance records complete and available for review or provided to
DWO upon request?
Comment:
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Comment:
Yes No NA NE
❑ ❑ ❑ ❑
Yes No NA NE
❑ ❑ ❑ ❑
page- 3

or
Permit: SVt'8580808 Owner - Project: onslov., Asphal4 Inc
Inspection Date: 0311.112C3 Inspection Type Camahar:�:e Evalcat,on Reason for Visit: C,OMDlainI
Other WQ Issues Yes NO NA NE
Is the site compliant with other wafer quality Issues as noted during the inspection?
Cammenf

Action 1D. 2009 00819
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Onslow. USGS Quad: Hubert
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Jeff Brown Agent: Havwood Pittman
ASJK, LLC Pittman Soil Consulting
Address: 3578 Richlands Hwy Address: 1003 Gregory Fork Road
Jacksonville, NC 28540 Richlands, NC 28574
Size and location of property (water body, road name/number, town, etc.): The 9.88 acre parcel Tax Parcel ID: 1306-
31.3) is located off of Freedom Way (NC 24), near its intersection with Waterfront Road, Hubert, Onslow County.
Description of projects area and activity: The project involves impacts to 0.5 ac. of nonriparianwetlands for the
after -the -fact expansion of an existing asphalt plant. The proiect also involves the removal of all remaining
unauthorized fill placed within wetland boundaries as part of an unauthorized activity resolution.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) 411MCNINE101C01VZ
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: OCT a q 2W
Nationwide Permit Number: NW-39
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. BY.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions, your submitted application and attachments dated 7/13/2009 and received 7/20/2009, and updated application and
additional narratives and plans dated 9/9/2009 and received 9/14/2009. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal
action. This permit does not relieve you of the responsibility to obtain other required Federal, State, or local authorization, as
required.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date- identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastai Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management,
This Department of the Army verification does not relieve. the permittee of the responsibility to obtain any other required Federal,
State or local approval slpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David E. Bailey at 9 t 0-2514469.
Corps Regulatory Official Date: 1015/2009
Expiration Date of Verification: 10/5/2011
Page 1 of 3

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http�//_www,saw,us_ace.armv.miI/WETLANDS/index.html to
complete the survey online.
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
NCDENR-DWQ attn: Linda Willis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Glenn P. Catts, Hofmann Forest Liaison, College of Natural Resources, North Carolina State University, 2023 Biltmore
Hall, PO Box 8002, Raleigh, NC 27695-8002
Page 2 of 3

i
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
,This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States -within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued `. Action ID
Corps Regulatory Official:
Date 10/5/2009
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
NCDENR-DWQ attn: Linda Willis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Glenn P. Catts, Hofmann Forest Liaison, College of Natural Resources, North Carolina State University, 2023 Biltmore
Hall, PO Box 8002, Raleigh, NC 27695-8002
Page 3 of 3

r
Special Conditions
Onslow Asphalt, After -the -Fact Authorization
AID # 2009 00819
1) In order to compensate for impacts to 0.5 acres of non riparian wetlands, the permittee shall make
payment to the Hoffman Forest Mitigation Bank in the amount determined by this group, sufficient -to
perform the restoration of 2.0 acres of non -riparian wetlands in the White Oak River Basin, HUC
03020106.
The unauthorized fill of wetlands on this property will only be considered resolved after the permittee has
made full payment to the Hoffman Bank and provided a copy of the payment documentation to the Corps.
Full payment to the Hofmann Bank must be made within 30 days of the date of this permit verification.
Upon payment to Hoffman Forest, Hoffman Forest must follow the reporting instructions as specified in
the Mitigation Banking Instrument regarding the use of available credits.
2) All fill material placed in wetlands without authorization must be removed down to the original wetland
soil surface as required in the Cease and Desist letter dated 5/22/2009.
3) Construction of the headwall as detailed in the submitted application and attachments dated 7/13/2009 and
received 7/20/2009, sheets 3 and 4 of Appendix 1, must be complete prior to considering the unauthorized
fill in wetlands resolved. The headwall as described must be constructed within the applicant's property
and may not result in impacts to wetlands beyond those shown in the updated "Proposed Wetland Fills"
map included in the updated application and additional narratives and plans dated 9/9/2009 and received
9/14/2009. This headwall must be completed per the permitted plans within 45 days of the date of this
permit verification.
Date:
Project Manager

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Commercial and Institutional Developments. Discharges of dredged or fill material
into non -tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary for
the use and maintenance of the structures. Attendant features may include, but are not limited to,
roads, parking lots, garages, yards, utility lines, storm water management facilities, and
recreation facilities such as playgrounds and playing fields. Examples of commercial
developments include retail stores, industrial facilities, restaurants, business parks, and shopping
centers. Examples of institutional developments include schools, fire stations, government office
buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.
The construction of new golf courses, new ski areas, or oil and gas wells is not authorized by this
NWP.
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the
district engineer. This NWP does not authorize discharges into non -tidal wetlands adjacent to
tidal waters.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 27.) (Sections 10 and 404)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343.
REPLY TO
A'[" NTTION OF:
August 13, 2009
Regulatory Division
Action ID No. SAW-2009-00819
tA(-C-,lbo akale
Jeff Brown
ABJK, LLC
3578 Richlands Hwy
Jacksonville, North Carolina 28540
Haywood Pittman
Pittman Soil Consulting
1003 Gregory Fork Road
Richlands, North Carolina 28574
Dear Messrs. Pittman and Brown:
BY:
AUG 1 4 2009
On July 20, 2009 we received a Pre -Construction Notification (PCN) to utilize a Nationwide
Permit for after -the -fact authorization to discharge fill material in 0.5 acre of wetlands for the
storage and separation of asphalt production materials. The project area is located on Freedom
Way (NC 24), near its intersection with Waterfront Road, near the Town of Hubert, Onslow
County, North Carolina.
After reviewing the PCN and associated materials there are a few items that must be
addressed before the NW permit verification package can be considered complete:
1) Plan sheet 2/4, both large and l 1x17" size, lists wetland impacts inconsistent with what is
included in the PCN. Please resubmit plan sheet 2/4 with impact amounts that match with
the PCN.
2) if this project fits the terms and conditions of the NW pennit, you would apply for NW
Permit 39. Please specify NW Permit 39 in Section A; box ic. On the PCN.
3) Section B, boxes 3d and 3e of the PCN should address the Purpose and Need of the asphalt
plant expansion. This information can be written as an appendix (reference appendix in 3d
and 3e of PCN). The current Appendix 1 addresses some of the purpose of the asphalt plant
expansion, but more information is needed, particularly given the after -the -fact nature of this
PCN submittal. Please explain the need for the asphalt plant's expansion. When did it
occur? How many piles of aggregate were added and why? Was there an increased need for
asphalt? for which industry, etc?

V
-2-
4) Section D, boxes 1 a and 1 b should address avoidance and minimization of impacts. As
wetland impacts were not avoided when the plant was expanded, this section should focus on
why the impacts could not be avoided. Why were other properties or adjacent non
jurisdictional areas not used to expand the plant, etc? This section can also reference an
appendix if a narrative is necessary.
5) Section D, sub section 2 and 3 addresses compensatory mitigation. Currently you have
proposed paying the Hoffman Forest wetland mitigation bank for a total of 1.5 credits, a 3:1
credit to impact ratio. However, we believe that a 4:1 ratio is more appropriate given the
following:
a) The wetlands impacted were in an excellent receiving position to treat runoff from
the asphalt plant before they were impacted. The impacted wetlands drained
immediately into high quality wetlands adjacent to Queen Creek, a Section 10
navigable waterway. Wetlands located in the Hoffman Forest wetland mitigation
bank, while also non -riparian, are not in as advantageous a position as the
impacted wetlands, thereby reducing the wetland function per credit, and
justifying a higher credit to impact ratio.
b) The compensatory mitigation must take into account the temporal loss of wetland
function at the impact site. Aerial photos show that the impacts occurred between
1998 and 2005. The reality of a temporal loss of wetland function for several
years justifies a higher mitigation ratio.
c) The existing aggregate piles, and the amount of time they have been there, have
made determining the exact amount of fill very difficult. Although we have
determined the extent of fill to be approximately 0.5 aerc, it is likely that the
extent is greater than this amount. Given this uncertainty and the potential for
underestimating the amount of fill, compensatory mitigation at a 4:1 ratio is more
appropriate in this case than the 3:1 ratio as proposed.
Currently the application is considered incomplete and/or it does not currently meet the
conditions of a Nationwide Permit 39. Please clarify and provide the additional information
within thirty days of receipt of this notification or we will consider your application withdrawn
and move forward as an enforcement case.
If you have any questions regarding these matters, please contact me at [phone].
Sincerely,
David F. Bailey, Regulatory Specialist
Wilmington Regulatory Field Office

-3-
Copies Furnished:
N.C. Department of Enviromnent
and Natural Resources
Division of Water Quality
Attn: Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Linda Willis
Division of Water Quality
.,/N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

REPLY TO
ATTEtT1IOV OF:
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 23403-1343
May 22, 2009
RE CMRVEU
Action ID. SAW-2009-00819
Mr. Jeffrey Brown
ABJK, LLC
3578 Richlands HWY
Jacksonville, North Carolina 28540
Dear Mr. Brown:
MAY 2 7 2009
We have received information regarding the unauthorized discharge of fill material into
Waters of the United States, specifically wetlands adjacent to Queen Creek, on your 9.9 acre
property located on Freedom Way (NC 24), near its intersection with Waterfront Road, near the
Town of Hubert, Onslow County, North Carolina. We have assigned this project Action ID
Number: SAW-2009-00819; please reference this number in all fixture correspondence.
On April 9, 2009, Mr. David E. Bailey, Mr. Brad Shaver, Ms. Christy Wicker, and
Ms. Teresa Russell of the U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
(Corps) conducted a site visit with Mr. Jeff Sawyer of Onslow Grading and Paving and Haywood
Pittman and Jeremy Bright of Pittman Soil Consulting. Also in attendance for this site visit were
Ms. Joanne Steenhuis and Ms. Linda Willis of the North Carolina Division of Water Quality.
Based on this on -site investigation, and a synthesis of the available vegetation, soils, and
hydrologic data of the subject location, the Corps noted and determined that a discharge of fill
resulted in impacts to approximately 0.5 acres of wetlands. The Corps observed that these
impacts occurred as a result of, but not limited to, the discharge of fill material including iarge
piles of aggregate material. The Corps also determined during the site visit that these waters are
subject to the pennit requirements of Section 404 of the Clean Water Act (CWA)(33 USC §
1344). A review of our files indicates that the Corps of Engineers has not issued a Department of
the Army (DA) Permit to you for work of this nature. In this regard, this activity conducted in
waters and wetlands of the United States without prior approval from this office in the form of a
DA permit, is a violation of Section 301 of the Clean Water Act (33 USC 1311).
I direct you to cease and desist from any further work in waters of the U.S., including
wetlands. It is our understanding, based on Mr. Bailey and Ms. Shaver's conversation with your
representatives on April 9.2009, that you plan to apply for an after -the -fact permit. Please be
NOV - -fCLa&e Q 4o 4iLc /X sf� ma_o ,-, /c t . _57�1 - - `� /�°�LY'�c fi Gt� o 6C2� rc ���c�

-2-
aware that, through the permitting process you are required to demonstrate purpose and need of
the project, avoid and minimize your impacts to jurisdictional waters to the maximum extent
practicable, and provide compensatory mitigation for any lost function of the aquatic resources.
Keep in mind that you will be required to remove all discharged fill and provide restoration to the
satisfaction of this office for those areas of impacted waters of the U.S., including wetlands that
you do not receive after -the -fact authorization. Please contact Mr. Bailey immediately if you
plan to apply for after -the -fact DA authorization to discuss the permitting process.
In addition, you must stabilize the fill slope along the southern, eastern, and western property
lines. This stabilization must ensure that fill material does not enter waters of the U.S. beyond
the current fill footprint. To this end, you must have wetlands on your property delineated and
verified by the Corps of Engineers and marked with visible fencing or permanent concrete
pillars. Further, our site visit on April 9, 2009 revealed fill material along the southern property
line had eroded the adjacent wetland areas. This unauthorized fill should be removed either by
hand with shovels or with a smooth bucket excavator (toothless bucket to eliminate disturbing
the buried root mat) and placed on high ground. The material should be removed to the elevation
present before the fill occurred (black organic soil surface, leaving as many live roots as
possible).
An application for after -the -fact authorization, as well as pictures showing the restoration of
the above -mentioned area, should be sent to this office within 30 days of the date of this letter.
Failure to comply with this directive may result in referral to the United States Attorney with a
recommendation for civil prosecution or to the United States Environmental Protection Agency
with a recommendation for administrative penalties.
If there are questions, contact Mr. David E. Bailey, at (9I 0) 251-4469 or Ms. Jennifer Frye at
[phone].
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander

,w
Copies Furnished:
Haywood Pittman
Pittman Soil Consultants
Post Office Box 1387
Richlands, North Carolina 28574
Mr. George E.B. Holding
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite- 800
Raleigh, North Carolina 27601-1461
Ms. Molly Davis, Chief
Wetlands Enforcement Section
Water Protection Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
-3-
Mr. John Hennessey
Division of Water Quality
N.C. Department of Environment
and Natural Resources
3800 Barrett Drive
Raleigh, North Carolina 27609
Ms. Joanne Steenhuis
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive+Extension
Wilmington, North Carolina 28405
Ms. Linda Willis
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

N -Gn l+po 'om)L��
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director A ,J&jf P1" Secretary
Mr. Atlas Brown
ABJK LLC
3578 Richlands Hwy.
Jacksonville, North Carolina 28540
Dear Mr. Brown:
May 8, 2009 MAY 1 `3 2009
Im
Subject: General Permit No. NCG160000
Onslow Grading & Paving, Inc. Plant
COC NCG160196
Onslow County
in accordance with your application for a discharge permit received on April 17, 2009,
we are forwarding herewiitK the subject certificate of coverage to discharge under the subject
state - NPDES general permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
Please take notice that this certificate of coverage is not transferable except after
notice to the Division of Water Quality. The Division of Water Quality may require
modification or revocation and reissuance of the certificate of coverage.
`This permit does not affect the legal requirements to obtain other permits which may
be required by the Division of Water Quality or permits required by the Division of Land
Resources, Coastal Area Management Act or any other federal or local governmental permit
that may be required.
If you have any questions concerning this permit, please contact Cory Larsen at
telephone number [phone] or cory.farsengncdenr.gov.
S i n c e rdDRIGINAL SIGNED BY
KEN PICKLE
forColeen H. Sullins
cc: Wilmington Regional Office, Linda Willis
Central Files
SPU Files
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27599-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
('hone; 91M07-63001 FAX: [phone] Customer Service_ 1-877-623-6748
Internet: www,ncwatefquaiity.org
An Eoual Opportunity 4 Affirmative Action Emdoyar
NorthCarolina
Naturally

ter'
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG160000
CERTIFICATE OF COVERAGE No. NCGI60196
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
ABJK LLC
is hereby authorized to discharge stormwater from a facility located at
Onslow Grading & Paving, Inc., Plant
103 Waterfront Road
Hubert
Onslow County
to receiving waters designated as Queen Creek, a'class SA; HQW water in the White Oak River
Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts 1, 11, III, IV, V, and VI of General Permit No. NCG160000 as attached.
This certificate of coverage shall become effective May 8, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 8th day of May, 2009. JRiGINAL SIGNED BY
KEN PICKLE
for Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

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Jap Scale 1: 20, 000
ABJK LLC
Onslow Grading & Paving Plant
Latitude:340 42' 52" N
Longitude: 770 12' 28" W
County: Onslow
Receiving Stream: Queen Creek
Stream Class: SA; HQW
Sub -basin; 03-05-01 (White OEk River Basin)
Facility Location

�c�rz�cclf.U��-
1073-1 Gregory Fork Road
Richlands, NC 28574
Phone [phone]
Fax [phone]
[e-mail]
April 10, 2009
Rick Shiver
Wilmington Regional Supervisor
Surface Water Protection Section NCDWQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Ref: Onslow Grading and Paving Inc. Plant
Hubert, NC
Dear Sir,
APR
z � zaps
By.
In response to your letter dated March 2, 2009 the following actions are being
conducted.
1) An explanation for failure to secure the permit required (NCG 160000)
A storm water permit was completed for the property, but until the time of
your visit, it was not known that NCG 160000 was needed. At this time the
services of Crystal Coast Engineering have been retained for the purpose of
obtaining this permit.
2) An explanation of why the wetland impacts occurred.
The owner did not know that wetland impacts had occurred.
3) A verified wetland delineation for the property.
On April 9, 2009 a meeting was conducted on the site with the US Army
Corps of Engineers and NC- DWQ to access the impacts to the wetlands on
the property, and to verify where the original wetland line was located.
4) A restoration plan for the wetland impacts that had occurred that is to
include a planting plan and proposed monitoring plan for at least five
years after the restoration has occurred

-
At this time the amount of impacts is being determined by the US Army
Corps of Engineers. When the amount is determined a plan will be
provided.
5) A schedule with dates clearly depicting your efforts to become compliant
The first available date with the USACE was April 9, 2009. This date was
scheduled just a few days after the letter from your office was received. In
order to obtain the appropriate permit far the violation we felt that the
exact location of the wetlands needed to be determined.
On the April 9rh meeting it was noted that sediment had migrated off -site into the
wetlands. A restoration plan is in progress to correct this action. It was also
discussed that a retaining wall of some sort was needed to eliminate any further
impacts. Crystal Coast Engineering will be providing a plan for the retaining
device.'
If you have any questions please feel free to contact meat 910-330-2784. Thank
You.
Sincerely,
R. Haywood Pittman II
NC Licensed Soil Scientist

04/14/2009 10:49 910-346-1210 J©HN PIERCE SURVEYOR
JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING • LAND PANNING • MAPPING
OFFICE*: 910346-9800
FAX: [phone]
E-MAIL: bettybQjlpnc.cam
P.O. Box 1686 or [e-mail]
Jacksonville, NC 28541
DATE: l GPI
FAX NO. [phone]
NXMER OF COPIES INCLUDING THIS PAGE:
REMARKS: �4
PAGE 01 Sv
409 Johnson Blvd.
Jacksonvlll% NO 28540
LOTS, FARMLAND AND WOODLAND &URVEYWG • Srr€ PLANNING • SLX301VISIQN LAYOUT • LAND DEVELOPMENT PLANNING
CANSTRUG'nON SURVEYING • TOPOGWHIC SURVEYING AND MAPPING
Fr=e I eMronrnQntxI AudR / Rlak Assessment

04/14/2009 10:49 910-345-1210 JOHN PIERCE SURVEYOR
Division of Water Quality !Water Quality Section
A7;
NCD84RNational Pollutant Discharge Furl -nation System
Ift"
NCG160000
PAGE 02
FOR AGENCY u6n orgL.Y
� Rccefveq
Year
Mandy
Da
991 catc 0fC0VC
CG
NOTICE OPINTENT
National Pollutant Discharge Elimination System application for coverage under General permit
NCG16gO 0:
STORMWATER DISCHARGES associated with activltles classified as:
SIC 295i Asphalt Paving Mixtures and glo lee
Note:
r
Standard Industrial Classification Cede
Portable hot mix asphalt facilities may begin operation upon submittal of a Notice of Intent (61011) and
Implementation of a 5tormwater pollution prevention plan. Portable plamt are defined as a temporary plant
installation for the purpose of dedicating at least 75% of all materials to a specific lob or a plant which
continuously occupies a site for a period of six months or less. New oermaneni installations are required to
submit a N01 90 days prior to beginning industrial activiiies.
Mailing address of owner/operator:
Name $,a, j-L
Street Address 7 5—e-i
City -3��
Telephone No. q10 3
2) Location of facility producing d[Scharge:
1=aciNy Name
Facility Contact
Street Address
City
County
Telephone No.
3) Physicel L"ation Information:
(Please print or type)
State iE1 C ZIP Code _,2 g 'S Z40
rax ;
Address to which all permit mtreSpondance will be mailed
Please provide a narrative description of how to get to the facility (use street names, state read numbers, and
distance and direction from a roadway intersection).
,. ._
(A copy of A munty map or USGS quad sheet w4th t o'li elsany located on the map is requlrcd to be svbmitterf Wih this
4) This NPDFS Permit Application applies to which of the following :
❑ New or Proposed Facility
X Existing
5) Standard Induxtrlal Classification:
Date operation is to begin N /A
Provide the 4 digit Standard Industrial Classification Code (SIG Code) that describes the primary industrial
activity 8t this
��ff acifKy [ SIC Code: o_, _.5
Page 1 of 3
SWU-231.101701

e4f14f2009 10:49 910-246-1210 JOHN PIERCE SURVEYCR PAGE a3
NCO160000 N.O.I.
6) Provide a brief narrative description of the types of industrial activities and products manufactured at
this facility:
7) Discharge points 1 Receiving waters;
Haw many discharge paints (ditches, pipes, channels, etc.) convey stormwater from the property?
What is the name of the booty or bodies of water (creek stream, river, lake, etc.) that the facility stormwater
discharges end up in? L)i t tIVf_o eire is
If the site stormwater discharges to a separate storm sewer syste name the operator of the separate storm
sewer system (a.g. City of Raleigh municipaf storm sewer)_
6) Does this facility have any other NPDES permits?
1'No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
9) does this facility have any Mon -Discharge permits (ex; recycle permits)?
No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge {permits for this facility:
10) Does this facility employ any best management practices for stormwater control?
❑ No
"�YeS
If yes, please briefly describe' I
11) Does this facility have a
X No
Cl Yes
If yes, wherti was it implemented?
Pollution Prevention Plan?
12) Does this fecifity employ wet scrubbers for afr particulate removal?
No ❑ Yes
13) Are vehicle maintenance activities occurring at this facility?
No ❑ Yes
14) Hazardous Waste:
a) 1s this facility a Hazardous Waste Treatment. Storage, or Disposal Facility?
X NO ❑ Yes
h) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
X No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
A No ❑ Yes
Page 2 of 3
swu-231-101701

04/14/290S 10:49 910-346-1210 S©HN PIERCE SURVEYCR PAGE 04
NCG160000 N.O.I,
d) If you answered yes to questions b. or c., please provide the following information:
Types) of waste: U I A
How is material stored,
Where is material stored:
How many disQosal shipments per year:
Name of transport / disposal vendor: _
Vendor address:
15) Certification:
North Carolina General Statute 143-215.6 b (1) provides that:
Any parson who knowingly makes any false statement• representation, or certification in any
application, record. report, plan or other document filed or required to be maintained under Article 21 or
regulators of the Environmental Management Commission implementing that Article, or who Wslfies,
tampers with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to
exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 US.C. Section loci
provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or
both, fdr a similar offense.)
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
I certify fhat I am famillar with the information contained in this application and that to the best of my
knowledge and belief such information is true, c replete, and accurate.
Printed Name of Person Signing: A I f Q n' Pr�i
Title:
(Signature ofAppllcant) {Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to:
NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been Included:
Check. for $100 made payable to NCDENR
❑ This completed application and all supporting documents
fi( Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Ouality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
page 3 of 3
swu-23i -i m'c1

■ Complete items 1, 2, and 3. Also complete
item 4.if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
ev
A.
❑ Agent
H. Received 6y (Printed Name) v I C,
M � i I
D. Is delivery address diff!jnt from item t?' U Yes
If YES, enter delivery address below: ❑ No
11 MAR o 5-2009
3. Se Ae
- t i.d'Rlrait—B,6rpre= Maim—�
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7007 0220 0000 8216 7022
(Transfer from service labs!} I
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1sao

11 &Z. ... ... .. . -
UNITED STATES POSTAL SERVICE
oste-I'eea_P.
• Sender: Please print your name, address, and ZIP+4 in this box • 1
NC DENR - Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
a
�1�lI1A111�f1!!!!Ill11

04/14/2009 10:49 910-346-1210
Apr 14'09 09:088
I p7r 13..b000a wL
zklll[ I I 1 U
JOHN PIERCE SURVEYOR
PAGE 05
p.2
P
2

Postal 4
CERTIFIED
MAIL,. RECEIPT
ru (Domestic ifail On1j; No Insurance Coverage Provided)
ru
IC3 For delivery information visit our websile at
OFFICIAL US��
I�
r'Li Postage
�G
Q CerOW Fee
Q Return Receipt Fee O Foatnl@
Cl(Endorsement Required) Her f
Restricted Aeiivery Fee
O (Endorsement Required)Fu
M�
r M Total Postage S Fees �
o $eJ
O
N or PO PpHa.No
... . (,FJ ,
Clty, 1PF4
C ta"7 '/"' %/,- G .2 .S`
PS Form :ir August 2006

North Carolina
Beverly Eaves Perdue, Governor
Ae
NCDENR
Department of Environment and
Certified Mail No. 7007 0220 0000 8216 7022
Return Receipt Requested
Mr. Jeff Brown
3578 Richlands Highway
Jacksonville, NC 28540
oxd\ �
�J 00
C/
Dear Mr. Brown, 1}��
March 2, 2009
Atlas H. Brown
3578 Richlands Highway
Jacksonville, NC 28540
Natural Resources
Dee Freeman: Secretary
Edith R. Brown
3578 Richlands Highway
Jacksonville, NC 28540
Subject: Notice of Violation NOV-2009-OP-0009
1. Making an outlet to waters of the State without a permit
2. Wetland %isolations
Representatives (Linda Willis and Jean Conway) with the Division of Water Quality, Surface Water Protection Section in
the Wilmington Regional Office conducted a site visit on January 16, 2008, at the Onslow Grading and Paving Inc. Plant
located at 103 Waterfront Road in Hubert. Division records indicate this facility is operating without the North Carolina
General Permit NCG 160000. The General Permit allows stormwater discharges associated with activities classified under
the Standard Industrial Code 2951 (Asphalt Paving Mixtures and Blocks). Portable hot mix asphalt facilities may begin
operation upon submittal of a Notice of Intent (NO]) and implementation of a stormwater pollution prevention plan.
Division Representatives gave your site manager (John Matthews) a copy of the notice of intent and requested that the
general permit be applied for immediately. To date the Division has not received an application. This is a violation of
General Statute 143-215. L(a)(1); making outlets into the waters of the State from an activity for which a permit is
required.
An inspection of the west side of the property revealed sediment that had migrated from the site. Your site manager was
advised that the Division would return to the site to determine if wetland impacts exist. On February 24, 2009, Joanne
Steenhuis (Wetland Specialist) and Linda Willis made a site visit to determine whether wetland violations exist on site.
During the site visit, the investigators made observations of wetland impacts that included the filling of wetlands. You
were advised to contact David Bailey of the Army Corps of Engineers to request a wetland determination.
A DWQ file review confirms that impacts to wetlands occurred without prior authorization of a 401 Water Quality
Certification from the Division of Water Quality. As a result of the site inspection and file review, the follorxting
violation, detailed on the following pages, are noted:
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone:'919-733-49841 PAX; 919-715-30601 Internet: www.enr.state.nc.us/ENR/
An Equal opportunity; AfrrnaWe Action Employer - 50 % Recycled s 10 % Post Consumer Paner

1) Wetland standard violations;
Item 1. Wetland Standard Violation
Wetland disturbance corresponding to the excavation and fill of wetlands was observed. Since there is no USAGE issued
404 Permit or a corresponding State issued 401 Water Quality Certification for this project, the respective fill in wetlands
represents violations of the following North Carolina wetland standard which states:
15A NCAC 213 .0231(b) (1) and (5)
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.
This Office also requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice.
Please note, these violations and any future violations are subject to civil penalty assessment of up to $25.000.00 per day
for each violation. Your response should be sent to both this office at the letterhead address and to the attention of
Mr. John Hennessey at the Wetlands and Stormwater Branch, Compliance and Assistance Unit, 1617 Mail Service
Center, Raleigh NC, 27699-1617. Your response in writing should address the following items:
1) An explanation for failure to secure the permit required (NCG 160000):
2) An explanation of why the wetland impacts occurred;
3) A verified wetland delineation for the property;
4) A restoration plan for the wetland impacts that had occurred that is to include a planting plan and proposed
monitoring plan for at least five (5) years after the restoration has occurred;
5) A schedule with dates clearly depicting your efforts to become compliant.
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 Quality regarding these issues and any future or continued violations that may be
encountered. Your response to this correspondence will be considered in this process. Should you have any questions
regarding these matters, please contact Linda Willis at 910.796.7343,
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Surface Water Protection Section
Division of Water Quality
CC: NPS ACO Unit Attn: John Hennessey
_W1R0_files-NCG160000 Onslow Cnty;
._ J
Nne
orthCarolina
Aahlrally

North Carolina
Beverly Eaves Perdue. Governor
A7jA
NCDENR
Department of Environment and
Certified Mail No. 7007 0220 0000 8216 7022
Return Receipt Requested
Mr. Jeff Brown
3578 Richlands Highway
Jacksonville. NC 28540
Dear Mr. Brown,
March 2, 2009
Atlas H. Brown
3578 Richlands Highway
Jacksonville, NC 28540
v
Natural Resources
Dee Freeman, Secretary
Edith R. Brown
3578 Richlands Highway
Jacksonville, NC 28540
Subject: Notice of Violation NOV-2009-OP-0009
1. Making an outlet to waters of the State without a permit
2. Wetland violations
Representatives (Linda Willis and Jean Conway) with the Division of Water Quality, Surface Water Protection Section in
the Wilmington Regional Office conducted a site visit on January lb, 2008, at the Onslow Grading and Paving Inc. Plant
located at 103 Waterfront Road in Hubert. Division records indicate this facility is operating without the North Carolina
General Permit NCG 160000. The General Permit allows stormwater discharges associated with activities classified under
the Standard Industrial Code 2951 (Asphalt Paving Mixtures and Blocks). Portable hot mix asphalt facilities may begin
operation upon submittal of a Notice of Intent (NOI) and implementation of a stormwater pollution prevention plan.
Division Representatives gave your site manager (John Matthews) a copy of the notice of intent and requested that the
general permit be applied for immediately. To date the Division has not received an application. This is a violation of
General Statute 143-215.1.(a)(1); making outlets into the waters of the State from an activity for which a permit is
required.
An inspection of the west side of the property revealed sediment that had migrated from the site. Your site manager was
advised that the Division would return to the site to determine if wetland impacts exist. On February 24, 2009, Joanne
Steenhuis (Wetland Specialist) and Linda Willis made a site visit to determine whether, wetland violations exist on site.
During the site visit, the investigators made observations of wetland impacts that included the filling of wetlands. You
were advised to contact David Bailey of the Army Corps of Engineers to request a wetland determination.
A DWQ file review confirms that impacts to wetlands occurred without prior authorization of a 401 Water Quality
Certification from the Division of Water Quality. As a result of the site inspection and file review, the following
violation, detailed on the following pages, are noted:
1601 Mail Service Center, Raleigh, north Carolina 27699-1601
Phone: [phone] ! FAX: [phone] Internet: www.enr,state.nc.us/ENR/
A. � Equal Opponunk , Affirmative Action Employer- 50 % Recycled t 10 % Post Consumer Paper

1) Wetland standard violations;
Item 1. Wetland Standard Violation
Wetland disturbance corresponding to the excavation and fill of wetlands was observed. Since there is no USACE issued
404 Permit or a corresponding State issued 401 Water Quality Certification for this project, the respective fill in wetlands
represents violations of the following North Carolina wetland standard which states:
15A NCAC 2B 0231(b) (1) and (5)
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.
This Office also requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice.
Please note, these violations and any future violations are subject to civil penalty assessment of up to $25.000.00 per day
for each violatior-L Your response should be sent to both this office at the letterhead address and to the attention of
Mr. John .lennessey at the Wetlands and Stormwater Branch, Compliance and Assistance Unit, 1617 Mail Service
Center, Raleigh NC, 27699-1617. Your response in writing should address the following items:
1) An explanation for failure to secure the permit required (NCG160000),
2) An explanation of why the wetland impacts occurred;
3) A verified wetland delineation for the property;
4) A restoration plan for the wetland impacts that had occurred that is to include a planting plan and proposed
monitoring plan for at least five (5) years after the restoration has occurred;
5) A schedule with dates clearly depicting your efforts to become compliant.
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 Quality regarding these issues and any future or continued violations that may be
encountered. Your response to this correspondence will be considered in this process. Should you have any questions
regarding these matters, please contact Linda Willis at 910.796.7343,
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Surface Water Protection Section
Division of Water Quality
CC: NPS ACO Unit Attn: John Hennessey
WiRO files NCG 160000 Onslow Cnty
NorthCarolina
Awmally

P 01
TRANSACTION REPORT
FEB-27-2009 FRI
12:03 PM �c
FOR: NCDENR
910 350 2004
SEND
DATE START RECEIVER
TX TIME PAGES TYPE
NOTE
M# DP
FEB-27 12:02 PM 919198076494
5? 3 FAX TX
OK
154
TOTAL :
53S PAGES; 3
State of worth Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Beverly Eaves Perdue, Governor Dee Freeman, Secretary
FAX COVER SKEET
Date: 1ZIT No. Of Pages: (excluding cover)
To: _�� From: 1"I
CO: CO: NC DENR
FAX #: FAX#: [phone]
RENURIKS: w o V . Ar-
[� ���=%I=�i.�7F.�-aC :l.Z �. _ _ ..�a� • a e �l�a.� � �JI►� ter.=='^
127 Cardinal Drive Extenslan, Wilmington, N.C. 38405-3845 Telephone [phone] fox [phone]
An Equal Opportunity Aflirmativo Adion Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Beverly Eaves Perdue, Governor Dee Freeliian, Secretary
FAX COVER SHEET
Date: r .
• 6042qqLf
REMARKS:
No. Of Pages: (excluding cover)
From:
�. Ludo. W iu i_s
CO: NC DENR
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, `,C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

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STATE OF NORTH CAROLXNA S �'
VITALE D. 0 FILIK6 FEE ► MY 5TATE
OFYABLE TO STTAA E. N.C. SfCStETARY �.��SANp��'x 625-0525
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OMSLfRf RRAOIMC A PAVDRT. Ylt_ pNSleru 6444,^JgatP4u%NyTNC.
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2. RMSTFkD A®IT Ala MAILXM ADDitE93 ENTER AMU MALE AW MAILDW ADDRESS MAMW /ERE
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MOE- Atlas H. Brown Am- 1540 Richlands Highway
TInE- President cyff- Jacksonville ST-MC -- 28540
RAW- Edith R. Brown '=N- 1540 Richlands Highway
TITLE- Secretary/Treasurer CITY- Jacksonville sT-NC zzp- 28540
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CD-479 (42) ./Business Corporation North Carolina An
6-21-07
This report may be filed online at the Secretary of State website: Www.
Date Filed: 5/19/2008 11:55:00 AM
Elaine F. Marshall
North Carolina Secretary of State
2t}0811i100736
NameorsBs.Corporatow ONSLOW GRADING & PAVING, INC.
Fiscal Year Ending: 12 31 07 State of Incorporation: NC
Moro r pay ► Year
Secretary of state ID Number: 0269882
❑1 hereby certify that the Information requested below (required by NCGS 55-16-22) has not charged since the most recently filed Annual
report and Is therelore complete.
Nature of Business: PAVING & ASPHALT INSTALLATION
Registered Agent: ATLAS H BROWN
Registered Office Mailing Addreav 3578 RICHLANDS HIGHWAY
County: City: JACKSONVILLE
Registered Office Street Address: 3578 RICHLANDS HIGHWAY
County: ONSLOW
City: JACKSONVILLE
Signature of New Registered Agent:
(Signature constitutes consent to the appointment)
Principal Office Telephone Number. 910 — 3 4 6 — 8 2 6 &
Principal OHioe Malting Address: 3578 RICHLANDS HIGHWAY
city: JACKSONVILLE
Principal OflioeStreet Address: 3578 RICHLANDS HIGHWAY
city: JACKSONVILLE
state: N C zip Code: 2 8 5 4 0
state: N C zip code: 2 8 54 0
State: NC zip Code: 2 8 5 4 0
State: NC Zip Code: 2 8 5 4 0
acne, Title, and Business Address of Principal Officers:
Name: ATLAS H. BROWN Ti@e: PRESIDENT
Address: 3578 RICHLANDS HIGHWAY
City: JACKSONVILLE State: NC zip: 28540
Name: EDITH R. BROWN Title: SECRETARY
Address: 3578 RICHLANDS HIGHWAY
City: JACKSONVILLE state: NC Zip: 28540
Name: Title:
Address:
Ctry: State: Zip:
/ Certification of annual
report (Must be completed by all Business Corporations).
Signature (Form must be signed by an olf w of corporation)
EDITH R. BROWN ..
Type or Print Name
w � le- Q $ _
Date
SEC./TREAS.
Title

� WA�9QG Incident Report
W'37
4
Report Number: 200900236
Incident Type: Complaint
On -Site Contact:
Category: Wetland
First/Mid/Last Name: Jeff Brown
Incident Started: 01/16/2009
Company Name:
County: Onslow
Phone: [phone]
City:
Pager/Mobile Phone: 1
Farm #:
Responsible Party:
Reported By:
Owner: Unknown Wiro
First/Mid/Last Name:
Permit:
Company Name:
Facility: Onslow Asphalt Inc.
Address:
First Name: Keith
Middle Name:
City/State/Zip:
Last Name: Stark
Phone:
Address 127 Cardinal Dr Ext
Pager/Mobile Phone: 1
City/State/Zip: Wilmington NC 28405
Phone:
Material Category: Estimated Qty: UOM
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Onslow Asphalt
Hwy 24
Position Method:
Position Accuracy:
Position Datum:
Hubert NC 28539
Report Created 02/23/09 11:26 AM Page l

Cause/Observation: Directions:
Washwater from facility entering wetland.
Action Taken: Comments:
Facility has since constructed sediment pond to collect any
stormwater from property. DWQ staff Provided owner permit text
and NOI to be filled out and sent to be covered under NPIJES
General Stormwater Permit NCG1600000.
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance: _
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type Event Date
Incident closed
Requested Additional Information
Report Received
Referred to Regional Office - Primary Contact
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 02/23/09 11:26 AM Page 2

Report Entered
Incident Start
Standard Agencies Notified:
Agency Name
2009-01-28 12:24:00
2009-01-16 02:00:00
Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Jean Conway Jean Conway Richard S Shiver
Phone:
Date/Time: 2009-01-28 12:24:00 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 02/23/09 11:26 AM Page 3

s Reports Page t of 4
OWNERSHIP 12062008 81320 307
1PROPERTY DESCRIPTION
ITAX SUBDIVISIONS
IMAP NUMBER CARD NO
�ABJK LLC
INC 24
ISWANSBORO TWP
11306 31,13
1
'
I
rBILLIE-B
- I
IRECOR➢ NUMBER:.
67925
3578 RICHLANDS HWY
IS/F 1306 31,4
HOWARD I
(ROUTE 41600079
JACKSONVILLE NC 28540
1
ITEMP-533502
ILISTER:DC031006
- 5
DEED:2595 984UO2022006 160000-
31CREEDOM WAY NC 24
1
IREVIEW:HS100505
ITOPO ISTREET
IUTILITY IZONING 9.88
ACRES
NBHD
(LEVEL ILIGHT
1PUBWATERI
4160
1 IPAVED
ISEPTIC I NOTES:12/100
AC CONFLICT
! I
IELECTRICI C:;
C% c- C)
jlj LAND CLASS I
SIZE IBASERATE'FRNT*DPTH*ADJ-A➢JRATE*UNITS-LND-VALUE
1177ECOMERCILI
5.30AC1 450001 1 1 _
1 450001 5.301
238500
12I41BUNDEVL �I
i
1
4.58AC1 150001 1 1
1 150001 4.581
68700
}
1
ILAND VALUE:
307200
I#IOTHER FEAT I
I
I
I
SIZE BASERATE^COND
=ADJRATE*UNITS-OFB-VALUE
I
I
I
I
I
IOTHER VALUE:
0
IFNDATIONIXTRFNISHIROOFTYPEIROOFMTRLISIZE/QTYI
I I I i I I
I I
I I
IWALLFNSHIFLOORS
I I I
1 I I I
[HEAT&AIRIHEATFUELI I
I I 1 I I
I I I I I
I I I I I
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I
VACANT 0 I
MVSTRUCTUREISKTCH-SF*STHT- AREA RATE*GRD.F+HEAT+EXWL*WLHT-ADJRAT* AREA- RPCN' DEPF^CNDF-STR-VALUE
STRUCTURE VALUE 0
VALUATIONI VALUEIPREV-VAL.IP-N%j SALEIS-N%l TOTAL VALUE 307200
LAND I 1 1 3072001 1�1UNQUALIFI I 31093LV/AC
OTHERFEATI I 1 01 1 J020220061 1
STRUCTUREI I 1 01 J2595-8841 1
TOTAL I 1 1 3072001 1 1 1800001170%1
APPRAISED -VALUE: 307200
http://maps.onslowcountync.gov/gomaps/reports/report.cfm?CFID=43861 &CFTOKFN=... 12/ 19/2008

#I Reports Page 2 of 4
LEGEND
MphUVftd Sub-Faature
Road Name
Parcels
City Boundaries
MOLLY 1110 E
AACKJONVAAA
NORTH TOPW L MACH
RICHLANDO
SURF CITY
SW AN S80110
OCounty
" 'UhRRI11G: THIS Is HOT A saRv"'...
This amp is prepared for the lnwatery of real pxeperty found within this jurisdiction, end is compiled from tecotdtd deeds, plats, and other pabllt records
and data, tiaors of this map are hereby notified that the a[orementloaed public primary infornmitlon sources should be consulted for verification of the
infermati— c—taiaed on this —p. The County and mappinq company me —a as legal responsibility for the inferstatian contained on this amp_
http :ll niaps. ons lowco untyne. gov/gomaps/reports/report.cfm?CFID=43 861 &CFTO KEN=... 12/ 19/2008

#4 .Reports
Page 3 of 4
Tax Parcel ID:
Tax Record Number:
NC PIN Number:
Owner Name:
Property Address:
Deed Book and Page:
Date Deed Recorded:
Current Tax Value:
Structure Value:
Land VaWe:
Other Building Value:
City Cade:
Improvement Code:
Neighborhood Code:
Property Description:
Abstract Tax Value:
Deed Stamp Amount:
Nat Book and Page:
Tax Acreage Charged:
Heated Living Area Sq Ft:
Township Code:
Year Erected:
Mailing Address:
City, State Mailing Address:
Mailing Zipcode:
1306-31.13
67925
533502852795
ABIK LLC
FREEDOM WAY NC 24
2595884
2006-02-02 00:00:00.0
307200
0
307200
0
0
V
4160
NC 24
307200
t80000
49-035
9.88
0
113
0
3578 RICHLANDS HWY
JACKSONVILLE NC
28540
http://maps.onslowcountync.gov/gomaps/reports/report.cfm?CFID=43861 &CFTOKEN=.
12/19/2008

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