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Home My WebLink About20070156 Ver 4_Notice of Violation_20120117Strickland, Bev From: Sullivan, Shelton Sent: Tuesday, January 17, 2012 4:03 PM To: Strickland, Bev Cc: Merritt, Katie Subject: FW: NOV- 2012 -PC -0009 Cutter Creek Greene County Attachments: NOV- 2012 -PC -0009 Cutter Creek Green Co Itr.pdf Please E -file this with 2007 -0156. Thanks Shelton Sullivan Environmental Specialist Wetlands, Buffers, Stormwater - Compliance and Permitting Unit (WeBSCaPe Unit) Wetlands and Stormwater Branch NC Division of Water Quality (919) 807 -6361 phone (919) 807 -6494 fax Please note that my new email is: shelton.sullivan @ncdenr.gov *E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties* From: Hackney, Karen Sent: Tuesday, January 17, 2012 3:28 PM To: Sullivan, Shelton Subject: NOV- 2012 -PC -0009 Cutter Creek Greene County Shelton, Attached is an NOV letter for the Cutter Creek S/D in Greene County. Please let me know if you would prefer a hard copy on this or if you need anything else. Sincerely, Karen Hackney Office Assistant DWQ- Surface Water Protection Section (401/Wetlands) NC Dept. of Environment & Nautral Resources (NCDENR) Washington Regional Office (WaRO) 943 Washington Square Mall Washington NC 27889 (252) 948 -3925 Pursuant to North Carolina General Statues Chapter 132, Public Records, this electronic mail message and any attachments, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to request and review by anyone at any time. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary October 13, 2010 CERTIFIED MAIL #7010 0290 0001 5628 0308 Mill Run Development Group, LLC Attn: Glenn Keefe, Registered Agent 335 North Queen Street Kinston, NC 28501 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV- 2012 -PC -0009 Cutter Creek Subdivision 401 Permit Condition Greene County Dear Mr. Keefe: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering taking an enforcement action for violations observed during a recent site visit by staff from the Division of Water Quality Washington Regional Office. On December 30, 2011, Anthony Scarbraugh of the Division of Water Quality (DWQ) inspected the subject property of Cutter Creek Subdivision. The property is located on the northeast intersection of NC Highway 123 South and NC Highway 58 near the Township of Hookerton, Greene County within the Neuse River Basin. During the site inspection, the investigator observed the failure to implement the approved restoration of Zone 1 along proposed amenity lake (referred as Lake Nina) as proposed in the Neuse Buffer Mitigation Plan received by this Office on December 6, 2007. As a result of the site inspection and file review, the following violation, detailed below, are noted: (1) 401 WQC Condition Violation North Carolina Division of Water Quality Internet: vvvvvv.ncvvaterquality.orq 943 Washington Square Mall Phone: 252 - 946 -6481 Washington, NC 27889 FAX 252 - 946 -9215 An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Aaturall'ff Page 2 of 3 Mill Run Development Group Greene County Item 1. 401 WQC Condition Violation 401 Project No. 2007 -0156 Mill Run Development Group submitted an application for Pre - Construction Notification (PCN) on July 19, 2007 with additional information receivd on October 17, 2007, December 6, 2007 and December 17, 2007. The impacts were requested under 401 Water Quality Certification and Authorization Certificate per The Neuse River Buffer Protection Rules (15A NCAC 2B..0233). DWQ issued an approval letter for the impacts on December 20, 2007. 401 Water Quality Certification no. 3718, Condition 8 states the following: Compensatory Mitigation Using Onsite. Preservation and Offsite Restoration Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you will be preserving 33.65 acres of onsite 404 /wetland and 13,350 linear feet of onsite stream per the wetland and stream mitigation plan dated July 13, 2007, and received by the DWQ on July 17, 2007. Additionally, you have agreed to restore Neuse River basin riparian buffer (Zone 1 and 2) around the proposed onsite 11 -acre impoundment, and restore 252,648 square feet of offsite Neuse River basin riparian buffer per your restoration plan dated December 4, 2007, and received by the DWQ on December 6, 2006. These aforementioned methods have been determined by the DWQ to be suitable means to meet the mitigation requirements. Requested Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1) Please explain when construction occurred at the site and clearly explain why appropriate approved onsite restoration plan was not followed. a. Specifications for physical and biological monitoring will be required for Buffer Restoration Areas for 5 five years (5 years of monitoring with a written report provided to the Regional Office by June 1 of each year) 2) It is the expectation of this Office that approved riparian buffer plan be implemented by March 1, 2012. In addition, this Office requires a monitoring report to document the physical and biological integrity of the Buffer Restoration Area for 5 years to provided to this Office by June 1 of each year.. North Carolina Division of Water Quality Internet: www.ncwaterguality.org 943 Washington Square Mall Phone: 252 - 946 -6481 Washington, NC 27889 FAX 252 - 946 -9215 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina ;Vaturallff Amount Approved (Units) River and Sub -basin Number Stream na (feet) Neuse /03020203 Zone 1 Neuse Buffer 81,024 (square feet) Neuse /03020203 Zone 1 Neuse Buffer 654 (square ft.) Neuse /03020203 Requested Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1) Please explain when construction occurred at the site and clearly explain why appropriate approved onsite restoration plan was not followed. a. Specifications for physical and biological monitoring will be required for Buffer Restoration Areas for 5 five years (5 years of monitoring with a written report provided to the Regional Office by June 1 of each year) 2) It is the expectation of this Office that approved riparian buffer plan be implemented by March 1, 2012. In addition, this Office requires a monitoring report to document the physical and biological integrity of the Buffer Restoration Area for 5 years to provided to this Office by June 1 of each year.. North Carolina Division of Water Quality Internet: www.ncwaterguality.org 943 Washington Square Mall Phone: 252 - 946 -6481 Washington, NC 27889 FAX 252 - 946 -9215 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina ;Vaturallff Page 3 of 3 Mill Run Development Group Greene County 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. This Office requires that the violation, as detailed above, be abated immediately and properly resolved. Environmental damage and /or failure to secure proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to solve ongoing environmental issues. Should you have any questions regarding these matters, please contact Anthony Scarbraugh or myself at (252) 946 -6481. Si erely, — Al Hodge, egio al Supervisor Surface Water Protection Section Washington Regional Office Enclosure: 401 - Approval Letter Approved Restoration Plan cc: Shelton Sullivan - WBS Compliance & Permits Unit, Archdale Building WaRO Files North Carolina Division of Water Quality Internet: www.ncwaterguality.org 943 Washington Square Mall Phone: 252 - 946 -6481 Washington, NC 27889 FAX 252 - 946 -9215 An Equal Opportunity /Affirmative Action Employer-50% Recycled /10% Post Consumer Paper NorthCarofina ;Vatutrally