20052066 Ver 3_Notice of Violation_20060828

of WATF9
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 28, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7005 1820 0003 6594 8327
Eric Avery
821 Ocean Trail
Suite 4
Corolla, NC 27927
Subject: NOTICE OF VIOLATION /NOTICE
OF RECOMMENDATION FOR ENFORCEMENT
Corolla Bay, proposed Subdivision
Currituck County
Pasquotank River Baisn
Dear Sir:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality (DWQ) is
considering taking an enforcement action for violations of 15A NCAC 2H .0500 Water Quality Certification Rules /
Failure to Secure a 401 Certification and 15A NCAC 2B .0231 (b)(1) and I SA NCAC 2b .0231 (b)(5) Wetland
Standard violations. On August 4, 2006 Mr. Kyle Barnes of this office conducted a site visit on the subject property
located west of Hwy 12 one and a half (1.5) miles south of the Currituck Lighthouse in Corolla, NC. The wetlands on
the property are adjacent to the Currituck Sound, which is labeled as SC waters by the DWQ.
During this site visit Mr. Barnes observed that a road had been constructed through a wetland adjacent to Hwy 12
entering the property. The road impact was in excess of a tenth (.10) of an acre. In addition, another wetland area
adjacent to the Currituck Sound was actively being filled by mechanical earth moving equipment during the DWQ site
visit.
The site visit and subsequent DWQ file review confirmed the following violations have occurred at the proposed
subdivision called Corolla Bay, 1) Failure to secure a 401 Water Quality Certification, and 2) Wetland Standard
Violation.
Iteml. Failure to Secure a 401 Water Quality Certification
The impacts to wetlands on the subject property have occurred as a result of the construction of a road and fill for
residential lots. This office has no record of issuing a 401 Water Quality Certification for the wetland impacts that have
taken place on the subject property. A file search was conducted indicating that you had applied fora 401 Certification
for the road crossing on the subject property in November of 2005 (DWQ # 20052066 version. 1) Corolla Bay, to fill
0.13 acres of wetlands. Our records show that a request for more information letter for that permit was requested of you
in November of 2005 and no response was received thus resulting in a Withdrawal of your application. In May of 2006
the DWQ received an application for Corolla Bay (DWQ # 20052066 version. 2) to impact 3.61 acres if wetlands. This
application is currently On-Hold.
Item 2. Wetland Standards Violation
North Cazolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper ~atura!!t~

Unauthorized fill has been placed in an area identified as jurisdictional wetlands for the purpose of road construction
and fill for residential construction. This constitutes a violation of the following wetland standard.
15A NCAC 2B .0231 (b)(1)
1) "Liquids, fill, or other solids or dissolved gases may not be present in amounts which may cause impacts on
existing wetland uses;"
15A NCAC 2B .0231(b)(5)
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;
E. Water levels or elevations.
This Office requests that you respond to this letter in writing within 20 days of receipt of this Notice. Your response
should be sent to both this office at the letterhead address and to the attention of Mr. Danny Smith at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617. Your response should address the following items:
• An explanation of why this work was done without prior authorization.
• A plan detailing how the wetland will be restored to pre-disturbance conditions.
Should you desire to leave the road fill in place, an application fora 401 Water Quality Certification must be
made to the DWQ. That is, you are required to secure an "after-the-fact" State issued 401 Water Quality
Certification for the road impacts that are to remain on the tract. Any impacts that are to be permanently avoided
or minimized (as may be required through authorization review) must be restored. Please indicate in your
response a schedule with dates detailing your intentions to either completely restore this site or properly secure
permits (401 Water Quality Certification) for the development of this property.
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/continued violations that may be
encountered. Your above-mentioned response to this correspondence will be considered in this process. This office
requires that the violations, as detailed above, be abated immediately. 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 Kyle Barnes at [phone] or myself at [phone].
S' cerel ,
Al Hod e, egiona upervisor
Surface Water Protection
Washington Regional Office
cc: Danny Smith/Compliance Oversight
Central Files, Water Quality
David Lekson (USAGE Washington Field Office)
WaRO file
Cyndi Karoly, Buffers- 401/WetlandsUnit
Currituck County Manager