20070079 Ver 1_Notice of Violation_20100319

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NCDENR (U°°-- °
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretarv
March 19, 2010
CERTIFIED MAIL #7008-1140-0002-9563-2455
RETURN RECEIPT REQUESTED
Mr. John Lancaster
Riverside Land Holdings, LLC
1900 Eastwood Road, Suite 11
Wilmington NC 28403
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR
ENFORCEMENT
NOV-2010-PC-0274
Hawkeswater At The River
Brunswick County
Dear Mr. Lancaster:
On March 11th and 16th, 2010, Mr. Chad Coburn of the Division of Water Quality conducted a site
inspection for the tract/project known as Hawkeswater At The River, located off of NC133 in
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 inspected for compliance with the 401 Water Quality Certification with Additional Conditions
covered by certification number 3627 granted on May 11, 2007. These inspections revealed that
the subject property has the following violations as detailed below:
(I) Other Waste (In-stream sediment)
(II) Stream Standards
(III) 401 Water Quality Certification 2007-0059
(IV) Construction Stormwater General Permit NCG010000
(V) Wetlands Standards
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
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Hawkeswater At The River
Brunswick County
NOV-2010-PC-0274
1. Other Waste (In-stream sediment) - Sediment has been released into an un-named tributary to
the Brunswick River at "Wetland Crossing D". There are accumulations of approximately 1 to 6
inches of sediment over a length of approximately 66 linear 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;
II. Stream Standards - "Wetland Crossing C" has been installed in a manner so as to violate 15A
NCAC 02B .0211 (2) Conditions Related To Best Usage which states "the waters shall be suitable
for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation,
agriculture and any other usage except for primary recreation or as a source of water supply for
drinking, culinary or food processing purposes." This crossing has been installed with the culverts
in a location different than that of the stream channel as not as permitted with the 401 Water
Quality Certification.
III. 401 Water Quality Certification 2007-0059 - General Certification GC3627 condition 11
states, "Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a manner
that may result in aggradation, degradation, or significant changes in hydrology of wetlands or
stream beds or banks, adjacent to or upstream or downstream of the above structures." Condition
12 of GC3627 requires full compliance with all specifications governing operation and maintenance
of Best Management Practices (BMP's).
IV. Construction Stormwater 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 (Part I. Section B. No. 1.)
A rain gauge was not observed on site at the time of inspection.
c) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review.
d) 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.
e) Maintenance of Erosion Control Measures (Part I, Section C: No. 2.1
According to the Sedimentation Inspection Report from the N.C. Division of Land
Resources dated March 16, 2010, the project was cited for failing to maintain the
erosion control measures.
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Hawkeswater At The River
Brunswick County
NOV-2010-PC-0274
V. Wetland Standards - Sediment has been deposited into what appears to be wetlands at depths
between to 6 inches over an approximate area of 690 square feet adjacent to the un-named tributary
to the Brunswick River at "Wetland Crossing D", Lots 6-7 in Phase 3A, and Lots 20, 62, and 63-65
in Phase 1 B. The deposition of sediment is in violation of the following wetland standards:
15A NCAC 02B.0231 (b) (1) requires that:
Liquids, fill or other solids or dissolved gases may not be present in amounts that may cause
adverse impacts on existing wetlands uses.
15A NCAC 02B .0231 (b) (5) requires that:
Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations
Required Response - You are directed to respond to this letter in writing within 30 days of receipt.
You are encouraged to secure a consultant to assist you with maps, plans, applications, and other
documentation necessary to bring your site into compliance. Your response must include the
following:
A Wetland and Stream Restoration Plan for our review and approval.
a. This plan must include a detailed assessment/delineation of sediment impacts and
depth measurements on site and downstream of the subdivision property line. This
plan must include a map that exactly depicts the wetlands on the tract and a
description and quantification of the impacts to the wetlands and streams.
b. Sediment in the wetland and stream must be removed and taken to high ground and
stabilized. Sediment must be removed manually using shovels and buckets.
c. The streambed must be restored to the original profile and the stream banks must be
stabilized where necessary.
2. Please indicate in your response a schedule with dates detailing when the restoration will be
accomplished. This schedule should include a three-year monitoring plan to ensure that the
wetlands are restored.
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. 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.
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 NCGO10000, and the 401 Water Quality Certification. Include a detailed
implementation schedule with a final date of compliance.
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Hawkeswater At The River
Brunswick County
NOV-2010-PC-0274
6. Have the approved, permitted impacts on the site staked out per the approved wetland
survey.
7. Explain why "Wetland Crossing C" was constructed with the culverts in a different location
than the upstream stream channel.
This Office is preparing an enforcement case for these violations with recommendations for
civil penalties. Your response to this letter will be considered in this process. 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 at [phone].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
Ian McMillan - Wetlands 401 Unit
Dan Sams - Land Quality Wilmington Regional Office
Ronnie Smith - USACE Wilmington Field Office
WiRO files