20070042 Ver 1_Notice of Violation_20100914

ALV?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
September 14, 2010
CERTIFIED MAIL #7008-1140-0002-9563-2486
RETURN RECEIPT REQUESTED
Mr. John Elmore
Tanbridge, Inc.
1900 Eastwood Road, Suite 11
Wilmington NC 28405
Subject: Tanbridge Park Subdivision
NOTICE OF VIOLATION with RECOMMENDATION FOR
ENFORCEMENT
NOV-2010-WQ-0067
Wetland Standards
401 Water Quality Certification 2007-0042
New Hanover County
Dear Mr. Elmore:
On July 15, 2010, Division of Water Quality (DWQ) staff conducted a site inspection for the
tract/project known as the Tanbridge Park Subdivision, located near Eastwood Road in New
Hanover County. Based on a partial Designer's Certificate and file review, it appears that the
clay liners have not been installed as required by the State Stormwater Permit SW8050517.
Based on site visits by the DWQ and the U.S. Army Corps of Engineers, it appears that the
incorrect construction of Pond #1 has adversely impacted the hydrology of the adjacent 404
wetlands. This is a violation of 15A NCAC 02B .0231 (Wetland Standards) and the previously
issued 401 Water Quality Certification.
Required Response - You are directed to respond to this letter in writing within 30 days of
receipt. Your response should include the following:
1. Submit a Wetlands Restoration Plan to this office for review and approval. You are
encouraged to secure a consultant to assist you with your plan development as necessary
to achieve compliance. This plan should include the following:
a) Describe your plans to return the hydrology to the wetlands adjacent to Pond #1
as mentioned above. This plan should detail your intentions to comply with the
existing State Stormwater Permit.
N o Carolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623 67, ?fllrlllr/l./
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
2
Tanbridge Park
New Hanover County
NOV-2010-WQ-0067
b) Indicate in your response a schedule with dates detailing when the restoration will
be accomplished. This schedule should include a five-year monitoring plan to
ensure that the wetlands are restored and maintain the proper wetland criteria.
This office requires that the violations, as detailed above, be immediately and properly
resolved. 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 me at [phone].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Ian McMillan - 401 Oversight/Express Review Permitting Unit
Christy Wicker - USACE Wilmington Field Office
Emily Hughes - USACE Wilmington Field Office
David Cox - State Stormwater (WiRO)
WiRO