20090120 Ver 1_Notice of Violation_20091028

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
October 28, 2009
River Bluff Holdings II, LLC
Mr. Joseph Stillwell
1121 Military Cutoff Road
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0870
Compliance Evaluation Inspection
Construction Stormwater Permit - NCGO10000 &
401 Water Quality Certification Inspection
NCR001968, DWQ # 2009-0120
The Bluffs on the Cape Fear
Brunswick County
Dear Mr. Stillwell:
On September 17, 2009, Mr. Chad Coburn and Ms. Jean Conway from the Wilmington Regional Office
of the Division of Water Quality conducted a site inspection for the project known as The Bluffs on the
Cape Fear, located near Hooper Road, Brunswick County, 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 with Additional Conditions covered by certification number 3642 (granted on June 5, 2009).
Accordingly, the following violations and observations were noted during the Division of Water
Quality inspection:
I.401 Water Quality Certification
• Condition 1 of the certification requires that "No waste, spoil, solids, or fill of any kind shall
occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the
CAMA Major application. All construction activities, including the design, installation,
NorthCarolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-67 Naturally
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
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The Bluffs on the Cape Fear
Brunswick County
NOV-2009-PC-0870
operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur." There
was a considerable amount of sediment found within the stream and wetlands under the road
crossing adjacent to Lot 186 during the inspection. Approximately 2-10 inches of sediment was
observed in the stream and the wetlands within the immediate area under the bridge.
• Condition 3 of the certification requires "......full compliance with permit conditions including
the sedimentation control plan, self-monitoring, record keeping and reporting requirements...." of
the NCGO10000 permit.
II. Wetlands Standards - In addition to the unauthorized impacts mentioned above near Lot 186,
unauthorized impacts appear to have occurred adjacent to Lot 9 beside Strawberry Hill Road from
sedimentation and fill. This is 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.
III. Other Waste (In-stream Sediment)
Sediment has been released into an un-named tributary to the Cape Fear River. There are accumulations
of approximately 2 inches to 10 inches of sediment over a length of approximately 110 feet of stream.
This impact represents a violation of 15A NCAC 2B .0211 (3) f, which states: Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters injurious to public
health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish,
aesthetic quality or impair the waters for any designated uses;
IV. Construction Stormwater General Permit NCGO10000
Reporting (Part II, Section E (3))
The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
hours from the time the permittee became aware of the circumstances.
Required Response - 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 Sediment Control Plan is on-site and
available for review and that a rain gauge has been properly installed as required by the permit.
In addition, include all rain gauge data and inspection records collected from the date of land
disturbance up to the date of your response. If you do not have data, explain why. (A rain gauge
and a copy of the approved Erosion and Sedimentation Control Plan were not observed on site
during the inspection and project personnel were not available during this time to request
records.)
2. Have the wetlands staked out on the site per the approved survey at the above mentioned impact
sites (Lots 9 & 186).
3. From review of the site plans, it appears that there are between 30-50 planned or existing
crossings of wetlands and/or streams. None of which have been authorized through the 401
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The Bluffs on the Cape Fear
Brunswick County
NOV-2009-PC-0870
Water Quality Certification process. Some of these crossings observed during the inspection may
have wetland and/or stream impacts associated with them. Demonstrate that no unauthorized
impacts have occurred from these crossings.
4. Indicate in your response a detailed schedule with dates explaining when the wetland and stream
restoration activities will be accomplished. No mechanical equipment should be used for the
wetland or stream restorations.
5. List and explain all actions you have taken or plan to take to achieve full compliance with the
approved Erosion & Sedimentation Control Plan, the Construction Stormwater general permit
NCG010000, and the 401 Water Quality Certification. Include a detailed implementation
schedule with a final date of compliance.
These violations, as detailed above, are required to be immediately and properly resolved and 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 or Jean Conway at [phone].
Sincerely,
Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
Cc: John Hennessy - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Ronnie Smith - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Dan Sams - DLR Wilmington
Jean Conway - DWQ Wilmington
WiRO