20070059 Ver 1_NOV Response_20070428

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HAWKESWATER I, 11, 111 DEVELOPMENT INC. I,pa? Tj
RIVERSIDE LAND HOLDINGS, LLC
1900 EASTWOOD RD SUITE 11, WILMINGTON, NC 28403
PHONE [phone] FAX [phone]
April 23, 2010
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Rick Shiver @Leow
Wilmington Regional Supervisor APR 2 J' 2010 U
NCDENR
Surface Water Protection Section
127 Cardinal Dr. Extension
Wilmington NC 28405
RE: Hawkeswater at the River
Notice of Violation (NOV-2010-PC-0274)
Mr. Shiver,
DENR - WATER OUAUTY
WETLANDS AND STORMWATER BRANCH
This office is in receipt of your letter dated March 19, 2010, which we received
via certified mail on April 1, 2010, concerning the aforementioned Notice of Violation
(NOV) on the Hawkeswater at the River project in Brunswick County. The NOV identifies
five items warranting explanation.
1) Item I alleges the sediment had been released into an un-named tributary to
the Brunswick River at "Wetland Crossing D" and with the accumulation of
approximately 1 to 6 inches over a length of 66 feet. After careful review and site
inspection we have located the small amount of sand that has made it past our erosion
control mechanisms and we are in the process of removing the sediment and repairing
the erosion control mechanism and will monitor the area to assure that this does not
happen again. We will also stabilize where necessary to make sure the area is returned
to its natural state.
2 & 3) Items II and III concern the placement of the crossing at "Wetland
Crossing C", specifically the culverts in that crossing. The culverts were placed in
accordance with the location shown on the plans approved by the state on September
9, 2008. The placement of this crossing and culverts has in no way affected the
hydrology of the wetlands adjacent to the crossing. The wetlands still function in the
manner in which they were found and the water still meanders through the wetlands.
The design of the crossing allows for the movement of water and wildlife under the
crossing. The water that is flowing through the wetlands, under the crossing and out of
the crossing is clean, clear water with an abundance of wildlife.
4) This Item concerns the placement of construction plans and records on site.
These will be replaced to the best of our ability. We had a box with these document
contained within it, but has since been stolen and broken by vandals multiple times. We
will place a contractor box with the pertinent information, along with a rain gauge.
Copies of some of the rain data for the site may be found with Cape Fear Engineering.
HAWKESWATER I, II, III DEVELOPMENT INC.
RIVERSIDE LAND HOLDINGS, LLC
1900 EASTWOOD RD SUITE 11, WILMINGTON, NC 28403
PHONE [phone] FAX [phone]
5) Item V speaks to the deposit of sediment into what appears to be wetlands.
We are in the process of removing this sediment from these areas and depositing the
sand onto a high ground area. We will bring the wetlands back to its original sandy
bottom. We will document with pictures where the sand was deposited and quantify
the amount removed to assure compliance with the NOV, and will re-stabilize the area
where necessary.
In response to the NOV we have already started work on the site to correct the
issues noted in Item I, IV, and V by removing sediment that has been deposited in the
wetlands by shovel and bucket so as not to disturb the wetlands. This work will take
approximately 2 to 3 weeks from the date of this letter depending on the weather. Item
IV will be complete in the next week, with a box being placed towards the back of the
project to avoid it from being stolen or torn down.
Will Bland
iL
VV
Project Manager
Hawkeswater I Development Inc.
cc: John Hennessey - NPS-ACO Unit
?lan McMillan - Wetlands 401 Unit
Dan Sams - Land Quality Wilmington Regional Office
Ronnie Smith - USACE Wilmington Field Office
John Lancaster - President - Hawkeswater Development Inc
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