SW8970855_HISTORICAL FILE_20160915

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW(�5�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE,
YYYYMM DD
i

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Energy, Mineral &
Land Resources
ENVIRONMENTAL OVALITY
September 15, 2016
Mr. Bill Boulia, President
Bill Boulia Enterprises, Inc.
6931-A US Highway 70E
Newport, NC 28570
Subject: Notice of Permit Extension and Renewal Request
State Stormwater Management Permit No. SW8 970855
Boulia Enterprises
Carteret County
Dear Mr. Boulia:
PAT McCRORY
Covernor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified, transferred, or renewed. Please note that this letter references DEMLR as the Division
responsible for issuance of the permit.
On December 2, 2009, you were sent a letter acknowledging that a 3 year permit extension was applied to
your permit. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year
for a total of four (4) years extension. Accordingly, this permit; which was originally set to expire on
October 10, 2010, shall now be effective from the date of issuance until October 10, 2014, which includes
all available extensions.
State Stormwater Management Permit #SW8 970855 for the subject project was last issued on October
10, 2000 to Bill Boulia Enterprises and expired on October 10, 2014 and as noted above. Per 15A NCAC
21-1.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to
the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00.
If this is still an active project, please complete and submit a renewal application prior to October 17,
2016. The renewal application can be found at the following website under the Applications Forms
section: hits ldeq etc g�ovlahout/divisions/elterg��-mineral-I tn[{-resourceslertergy-mineral-]and-
permits/storm�vater-permits/forlus. Please note that if they have not already been submitted to the
Division, the permit renewal request must be accompanied by the required Designer's Certification and
the recorded documents (if applicable). If this project has not been constructed and a permit is no longer
needed, please submit a request to have the permit rescinded.
Additionally, a review of the North Carolina Secretary of State corporation's database revealed that the
corporation's contact information has changed. Please complete the enclosed Permit Update Form to
correct your contact information.
Please be advised that you are required to comply with the terms, conditions and limitations of the
Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and
North Carolina General Statute 143-214.7 until you submit the required Name/Ownership Change Form
to the Division and receive approval from the Division to transfer the permit or, if the site has not been
built, submit a request to rescind the permit and receive approval. This includes providing the necessary
operation and maintenance of the permitted stormwater system. The Name/Ownership Change Forms are
available on ourwebsite at: httlts://dea.lie,Lov/abou(/divisioil s/eriertn-mineral-land-resources/eneru)v-
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215

State Stormwater Permit No. SW8 970855
Page 2 of 2
The operation of the stormwater treatment system without a valid and active permit, and/or failure to
provide the Designer's Certification and/or failure to operate and maintain the stormwater treatment
system, are violations of NCGS 143 Article 21 and may result in appropriate enforcement action. 1f you
have any questions regarding this matter, please contact Christine Hall at [phone] or
[e-mail].
Sincerely,
Dw:
Tracy Davis, P.E. Director
Division of Energy; Mineral and Land Resources
Enclosure: Permit Update Form
GDS/canh: \\\Stormwater\Permits & Projects119971970855 HD12016 09 req^ren 970855
cc: Wilmington Regional Office File
state of North Carolina I Environmental Quality I Energy, Minerai and Land Resources
Wilmington Regional Office # 127 Cardinal drive Extension I Wilmington. NC 28405
910 796 7215

9/15/2016
Corporations division
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone] Account
Login
Click Here To: Register
View Document Filings File an Annual Report Amend a Previous Annual Report
Print a Pre -Populated Annual Report form
Corporate Names
Legal: Bill Boulia Enterprises, Inc.
Business Corporation Information
Sosld:
0206374
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
4/3/1987
Fiscal Month:
December
State of Incorporation:
NC
Registered Agent:
Boulia, William P
Corporate Addresses
Mailing:
6931 US Highway 70 E, Suite A
Newport, NC 28570
Principal Office:
6931 US Highway 70 E, Suite A
Newport, NC 28570
Reg Office:
6931 US Highway 70 E, Suite A
Newport, NC 28570
Reg Mailing:
6931 US Highway 70 E, Suite A
Newport, NC 28570
Officers
President: William P. Boulia , Sr.
6931 US Highway 70 E
Newport NC 28570-3729
Stock
Class: COMMON
Shares: 100000
Par Value: 1
hitpa/www.sosnc.gov/SearctVprofcorp/4694976 1I1

CD-471R(4Z) ' Business Corporation Annual
10.22.13
SOSID. 0206374
Date filed: 4125f2016 11:59:00 I'M
Elaine I`. Nigrshall
North Carolina Secretary of Slate
CA2016 078 0213.5
—i~sasne-Itrtviarsna u
Secretary of State
CA201607802.135
Name of Business Corporation: 13ILL f3OULIA ENTERPRISES, INC.
jSecretary of State ID: 0206374 State of Formation•. NC Fiscal Year Ending: 12 31 14
! t hereby certify that an annual report completed In Its entirety W been submitted end the information requested below (required by
NCGS 55-15•22) has not changed and Is therefore complete.
Section A: BealWred A-vieffs Informaliq�t
I. Name of Registered Agent:
2. Signature of the Now Registered Agent:
(31pnolure =msVMa$ consanl le the appolntmant)
3. Registered Office Street Address & County 4. Registered Office Meiling Address
Section Br orincinat Office Information
1, Description of Nature of Business:
2. Prlrlcipal Office Phone Number,
4. Princlpal Office Street Address & County
Section C: Officers (Enter additional Officers In Section E.)
Name: Name:
Title: Title:
Address: Address:
3. Principal Office Email:
5. Principal Office Mailing Address Y,�) - r4 u s Hi'a f
"
Newport , Iq�— -J79
Name:
Title:
Address:
Section D: CertIpcotion of annual Re ortSection D must be completed in its entirety and signed by a person
listed under Section C, or a persR signing for an entity listed under Section C.
%noboo. (Farm mual pa slpnsd by an colter of mrporn6on) Dola II
tol'LLI,Itf1 P. bOUL 10 �rC4J'o
erld or type Nan e d Ofter Two

A."im'A
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
December 2, 2009
Mr. Bill Boulia, President
Bill Boulia Enterprises, Inc.
P. O. Box 1765
Newport, NC 28570
Division of Water Quality
Coleen H. Sullins
Director
Subject: Session Law 2009-406 — Permit Extension
Stormwater Permit #SW8 970855
High Density — Newport River Shoppes
Carteret County
Dear Mr. Boulia:
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any
development approval issued by the Division of Water Quality under Article 21 of
Chapter 143 of the General Statutes, which is current and valid at any point between
January 1, 2008, and December 31, 2010. The law extends the effective period of any
stormwater permit that is set to expire during this time frame to 3 years from its current
expiration date.
Accordingly, Stormwater Permit # SW8 970855, which was set to expire on
October 10, 2010, is now in effect until October 10, 2013. Please resubmit the renewal
application and fee at least 180 days prior to October 10, 2013, which would be
April 10, 2013. A copy of the Renewal Application can be obtained from the following
website: http://h2_o.enr.state.nc.us/su/bmp forms.htm.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
,4� / D J , V
Georgette Scott
Stormwater Supervisor
Division of Water Quality
S:IWQSISTORMWATERIRENEWAL1SL2009-4061970855.dec09
cc: Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, Worth Carolina 26405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Carol in a
Internet: www.ncwaterquality.org '}�/ oats" l✓L! `
An Equal Opportunity %Affirmative Action Employer �{L

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Wiliam G. Ross Jr., Secretary
Kerr T. Stevens, Director
MR. WILLIAM P. BOULIA
P. O. BOX 1765
NEWPORT, NC 28570
Dear Mr. Boulia :
RECEIVED
MAR 13 2001
BY:
March 2, 2001
s w s ct -1 o $ ss-
1 1
1�•
00"% ago% 00ft
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: PAYMENT ACKNOWLEDGEMENT
'CIVIL PENALTY ASSESSMENT
BILL BOULIA ENTERPRISES, INC
CARTERET COUNTY
PERMIT NO:
WQ 00-009
This letter is to acknowledge receipt of check No. 3254 in the amount of $4,301.02 received from
you dated March 02, 2001. This payment satisfies in full the civil assessment levied against
the subject facility and this case has been closed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable Statutes, Regulations or Permits.
If you have any questions, please call Bob Sledge at [phone].
t
Sincerely,
Kerr T. Stevens
Cc: Enforcement File #: WQ 00-009
WIRO Regional Office Supervisor
Central Files
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 5017o recycled/10% post -consumer paper

IT
State of North Carolina y"NAA
Department of Environment CE:'VLD 1 s s
and Natural Resources FEB 16 2001
Division of Water Quality ML
BY_
Michael F. Easley, Governor
William G. Ross, Jr., Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF,
ENVIRONMENT AND NATURAL RESOURCES
FEB - 5 2001
CERTIFIED MAIL Z 158- 524 213
RETURN RECEIPT REQUESTED
MR. WILLIAM P. BOULIA
BILL BOULIA ENTERPRISES, INC.
P. O. BOX 1765
NEWPORT, NC 28570
Subject: Remission Request of
Civil Penalty Assessment
BILL BOULIA ENTERPRISES, INC.
Carteret County
Case Number WQ 00-009
Dear Mr. Boulia:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(t) and have not found grounds to modify the assessment of
$4,301.02.
Should you choose to pay the full penalties, payment should be tendered to me at the
letterhead address within 30 days of the receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division staff will argue against
any reduction of the assessment.
Should you choose to present your request to the committee please notify me at the
letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to
be heard on the agenda of the next scheduled committee meeting and you will be notified of the
date and time. If a response is not received by the Division regarding this notice, your request
will be scheduled on the agenda for an upcoming committee meeting.
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you have any questions about this letter, please do not hesitate to contact Bob Sledge at
[phone], extension 547.
Thank you for your cooperation in this matter.
Sincerely,
Kerr T. Stevens
cc: WIRO Regional Office
Enforcement File
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL Z 158 524 137
RETURN RECEIPT REQUESTED
Mr. William P. Boulia
Bill Boulia Enterprises, Inc.
P. O. Box 1765
Newport, NC 28570
Dear Mr. Boulia:
OCT 12 2000 t •
N- CDk�:NR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRCEs
October 5, 2000
SUBJECT: Assessment of Civil Penalties for Violation of
15A NCAC 2H .1003
Bill Boulia Enterprises, Inc.
Newport River Shoppes Site
Case Number WQ 00-009
Carteret County
This letter transmits notice of a civil penalty assessed against Bill Boulia Enterprises, Inc.
in the amount of $4,301.02, including $301.02 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the
subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request.
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
OR

3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty days as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect .
the penalty. Please be advised that additional assessments may be levied for violations that occur
after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Sledge at (919)
733-5083, extension 547.
Sincerely,
Kerr T. Stevens
Attachment
cc: Regional7Supervisor-,w/attachments
Compliance/Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF CARTERET File No. WQ 00-009
IN THE MATTER OF
BILL BOULIA ENTERPRISES, INC.
FOR FAILING TO OBTAIN A )
STORMWATER MANAGEMENT PERMIT )
IN VIOLATION OF 15A NCAC 2H .1003 )
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
1. FINDINGS OF FACT
A. Bill Boulia Enterprises, Inc. is a corporation organized and existing under the
laws of the State of North Carolina.
B. Bill Boulia Enterprises, Inc. has developed a site located off U. S. Highway 70,
0.5 miles south of the intersection with NCSR 1124, in Newport, in Carteret
County North Carolina. The site has been developed as a retail sales facility
known as Newport River Shoppes.
C. On August 27, 1997, DWQ sent a letter to William P. Boulia, registered agent for
Bill Boulia Enterprises, Inc., via certified mail, advising Mr. Boulia of the
requirement to apply for and obtain a Stormwater Management Permit for
development of the Newport River Shoppes site. The letter stated that any
construction on the site, performed prior to receipt of the permit would constitute
a violation of 15A NCAC 2H .1000.
D. On November 25, 1997, DWQ sent William P. Boulia a letter informing him of
its intention to take enforcement action against Bill Boulia Enterprises, Inc. for
failure to obtain a stormwater management permit for the Newport River Shoppes
site and gave him an opportunity to provide an explanation for the violation. In
his December 14, 1997 response, Mr. Boulia stated the Stormwater Management
Permit application had been overlooked, but would be submitted no later than
December 19, 1997. No Stormwater Management Permit application was
submitted as a result of this exchange.

E. On June 5, 1998, DWQ sent William P. Boulia a second letter informing him of
its intention to take enforcement action against Bill Boulia Enterprises, Inc. for
failure to obtain a stormwater management permit and gave him an opportunity to
provide an explanation for the violation.
F. A Stormwater Management Permit application for the Newport River Shoppes
site was received by the Wilmington Regional Office on July 18, 1998. On
October 5, 1998, DWQ sent a letter to Mr. Joe Dunnehoo (engineer for the
Newport River Shoppes project), informing him of the need to provide additional
information relative to the stormwater management system. Requests for
additional information regarding the project were sent to Mr. Dunnehoo on
January 22, 1999, April 29, 1999 and August 7, 2000 and to Mr. Boulia on
August 25, 1999 and May 24, 2000.
G. On July 17, 2000, DWQ staff inspected the Newport River Shoppes site,
observing the construction of buildings and parking areas. Such development
represents an increase in the amount of impervious surface or and/or a decrease in
the capacity for infiltration of precipitation into the soil at the site. At the time of
the inspection, construction was nearly complete and the facility was in -operation.
H. As of the date of this action, a Stormwater Management Permit has not been
issued by DWQ for development of the Newport River Shoppes site.
1. The costs to the State of enforcement procedures in this matter totaled $301.02
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW
A. Bill Boulia Enterprises, Inc. is a "person" within the meaning of G.S. 143-215.6A,
pursuant to G.S. 143-212(4).
B. North Carolina Administrative Code Section 15A NCAC 2H .1003 requires
development activities within the State's coastal counties that require a CAMA
major development permit or a Sedimentation/Erosion Control Plan to obtain a
stormwater management permit.
C. Carteret County is a coastal county pursuant to 15A NCAC 2H .1002.
D. Bill Boulia Enterprises, Inc. was required to obtain a stormwater management
permit for its development at the Newport River Shoppes site prior to the
construction of impervious surfaces pursuant to 15A NCAC 2H .1003,
E. Bill Boulia Enterprises, Inc. violated 15A NCAC 2H .1003 by failing to obtain a
stormwater management permit prior to its development of the Newport River
Shoppes site.

F. 15A NCAC 2H .1003 is a rule of the Environmental Management Commission
implementing Chapter 143, Article 21, Part 1 of the North Carolina General
Statutes.
G. Bill Boulia Enterprises, Inc. may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(6), which provides that a civil penalty of not
more than ten thousand dollars per violation may be assessed against a person
who violates a rule of the Commission implementing Chapter 143, Article 21,
Part 1 of the North Carolina General Statutes.
H. The State's enforcement costs in this matter may be assessed against Bill Boulia
Enterprises, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I (b)(8).
I The Director of the Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Bill Boulia Enterprises, Inc. is hereby assessed a civil penalty of:
$ " , . C) C> c-, for failing to obtain a stormwater management permit as
required by 15A NCAC 2H .1003 prior to the development of
the Newport River Shoppes site.
$ o o TOTAL CIVIL PENALTY, which is L
A-v percent of the.
maximum penalty authorized by G.S. 143-215.6A
$ 301.02 Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at
G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;

(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT }
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST )
ADMINISTRATIVE HEARING AND
BILL BOULIA ENTERPRISES, INC. )
STIPULATION OF FACTS
FILE NO. WO 00-009
Having been assessed civil penalties totaling $4,301.02 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated October 5, 2000, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality
within 30 days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after 30 days from the receipt of the notice of assessment.
This the day of , 2000.
BY
ADDRESS
TELEPHONE

AlEA'IORAND UM
DIVISION OF WATER QUALITY
TO: Bob Slcdge
FROM: Linda Lewis
THROUGH: Rick Shiver
DATE. siy .i 2000
SUBJECT: Enforcement Action
PROJECT NO.: SW8 970855
COUNTY: CARTERET
Dear Bob:
Attached please find the enforcement package for Bill Boulia Enterprises, Inc., with copies of appropriate
supporting documentation. Please forward this to the Director for his consideration and signature.
RSSlarl: S:1WQSISTORMWATIENFPACK1970855.TUL
cc: Linda-L-ewis=--
Central Files

0
r

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF:
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
File No. WQ
WILLIAM P. BOULIA, OWNTER AND REGISTERED AGENT)
BILL BOULIA ENTERPRISES, INC. )
)
FOR VIOLATIONS OF )
15A NCAC 2H.1003 )
ENGAGING IN DEVELOPMENT' ACTIVITIES 4V1-THOUT' )
OBTAINING A STORMWATER MANAGEMENT PERMIT )
CIVIL PENALTY ASSESSMENT
Actin; pursuant to North Carolina General Statutes (G.S.) 143-215.6A, and by authority delegated to me in
accordance with G.S. 14313-282.1(f), I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ),
Department of Environment and Natural Resources (DENR), make the following:
FINDINGS OF FACT:
A. BILL BOULIA ENTERPRISES, INC., is an Active Business Corporation organized and existing
under the laws of the State of North Carolina.
B. WILLIAM P. BOULIA, Owner and Registered Agent, is developing a site located off Highway 70,
0.5 miles south of the intersection with NCSR 1124, Newport, NC, in CARTERET County as a
commercial retail sales development known as Newport River Shoppes.
C. On August 27, 1997, the DWQ requested that WILLIAM P. BOULIA, Owner and Registered Agent,
submit a Stormwater .Management Permit application for Boulia Ente-rprisPo vla cerFif:eO, mail.
D. On Juiy 16,1998, a StormwaterManagementPermit application was received. Additional information
was requested on 6 subsequent dates. The permit has still not been issued as of July 18, 2000.
E. On July 17, 2000, DWQ staff inspected the site and observed the construction of buildings anc+
Boulia Ente;prises site contains buildings and parking which will result is ir, increase in the
amount of impm sous surface at this site or otherwise decrease the infiltration of precipitation into
the soil.
G. BILL BOULIA ENTERPRISES, INC., failed to receive a stormwater management permit prior to
construction of impervious surfaces.
H. As of July 18, 2000, the construction is almost complete and the facility is in operation.
Staff costs and expenses associated with detecting the violations, defining their nature and extent, and
bringing the enforcement action totaled $301.02.
7

File No. WQ
Based on the above Findings of Fact, I make the following:
It. CONCLUSIONS OF LAW:
A. WILLIAM P. BOULIA, Owner and Registered Agent, is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. CARTERET County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. WILLIAM P. BOULIA, Owner and Registered Agent, is engaging in development activity at this site
which requires a Sedimentation Erosion Control Plan,
D. WILLIAM P. BOULIA, Owner and Registered Agent, violated G.S. 143-215.1 (a) (1) and 15ANCAC
2H.1003 by failing to submit a Stormwater Management Permit application prior to construction.
E. 15A NCAC 2H.1003 is a rule of the Environmental Management Commission implementing Part I
of Article 21 of the North Carolina General Statutes.
F. G.S. 143-215.6A(a) (6) provides that a civil penalty of not more than ten thousand dollars per
violation may be assessed against a person who violates a rule of the Commission implementing Part
I of Article 21 of the North Carolina General Statues.
G. G.S. 143-215.3(a)(9) provides thatthe reasonable costs of any investigation, inspection or monitoring
survey may be assessed against a person who violates any rules, standards, or limitations adopted by
the Environmental Management Commission or violates any terms or conditions of any permit issued
pursuant to G.S. 143-215.1, or special order or other document issued pursuant to G.S. 143-215.2
t
^1
J

File No. WQ
Based on the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
In determining the amount of the penalties. I have taken into account the Findings of Fact and Conclusions
of Law, and have considered each and every factor set out in G.S. 14313-282.1.
Accordingly, William P. BOULIA, Owner and Registered Agent, is assessed a civil penalty of:
$ for violating 15A NCAC 211.1003 by failing to obtain a stormwater
management permit from the Division for the development of a commercial
retail saie,s arc;a.
$ TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by G.S. 143-215.6A(a).
$301.02 Enforcement costs.
$ TOTAL AMOUNT DUE
DATE Kerr T. Stevens, Director
Division of Water Quality
El

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File No. WQ
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: File No. M'Q - r
Violator: BILL BOULIA ENTERPRISES, INC.
Address: PO Box 1765 Newport, NC 28570
Re;ionalOffice: Wilmington
Registered Agent: William P. Boulia
Address: 6929 Highway 70 E., Newport, NC 28570
The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resiiltin4 from the violat ion: There is a detention pond currently built t« :;erve the. facility, however,
it is not in compliance since there is no outlet structure, and no vegetated filter; only a direct piped
outlet with no orifice to detain runoff. No treatment of the runoff is occurring, as required by the
statutes, which will potentially introduce sediments and nutrients into waters of the State.
2. The duration and gravity of the violation: This project was issued a violation of the Sedimentation
Pollution Control Act on August 21, 1997. The stormwater application was submitted almost a year
later. During that time, the project was under construction. Currently, the project is nearly complete
and in operation with a detention pond that is not in compliance with design requirements.
3. The effect on ground or surface water quantity or quality or on air quality: The effect on groundwater
quantity, quality, and surface water quantity are unknown. The stormwater detention pond lacks an
outlet structure and vegetated filter, therefore surface water quality may be affected by the potential
introduction of sediment and nutrients.
4. The cost of rectifying the damage: There are potential changes in the pond design, including the
construction of the outlet structure and construction of a vegetated filter.
S. The.amount of money saved by noncompliance: The pond is constructed and the project is open for
- i-_r911�a" ��^i5yY,^, a I�1'}•1tV�nll - 1� 1�_14Q11i(� �.] VC'l;tin 1(w hnd the for Cl4ixl f'.:Elrs%ltiilf13r41t '`�%S'S�f'.�'rv�?^ile
money will ,aeed..o tiz spent to bring the pond into compliance.
6. Whether the violation was committed willfully or intentionally: A request for a SWM permit application
was made via certified mail on August 27, 1997, and the signed green card was returned. After the
November 25,1997, Notice of Recommendation to Enforce, Mr. Boulia claimed that he that he ;_,;d not
-
..::.•s: - •�.-c--� _• . i i .. � 1� �:�:l �j: _r..1� w.�i•. 7r �;IG'. $?.'S'.::i+�:TdL��.4� �::3• �`T �SE�i .,
i?I.=ltual .111), zenFtroction prior to i'ecelpt to the l:eraot was :z vi.-Ah"icai OF the�i'3;ii?:'.;, i Ji. r41
construction was not halted. My opinion is that the violation is willful and intentional.
7. The prior record of the violator in complying or failing to comply with programs over which the Environmental _.
Management Commission has regulatory authority: Unknown.
S. The cost to the State of the enforcement procedures:
Hours 6 hours @S24.72 =
$148.32
Mileage 170 miles @S.31 =
S52.70
Administrative Costs =
$100.00
Total =
.$301.02
5

File No. WQ
9. Type of violator and general nature of business (i.e. Individual vs. large corporation) Xnienown.
10. Violators degree ofcooperation (including efforts to prevent or restore) or recalcitrance: Mr. Boulia gives the
impression that is cooperating, however, he has neither attempted to halt construction during the
review phase, nor pushed his engineer into getting the information corrected and resubmitted in a
timely manner.
I]. Mitigating Circumstances: To date, the Division has had to request additional information a total
of five times. Some of the requested information was not provided and had to be repeated. This has
resulted in an unnecessarily long review time.
12. Owner of property 1.0ere the discharge occurred: Bill Botha Enterprises, Inc.
13. Pictures of site: NO
14. Assessment. Factors:
a) IWC: N/A
b) Receiving Stream: Newport River / Class C
c) Stream Index Number: WHO 21-1
d) SOC/JOC status/negotiations: N/A
e) Copy of MP Screen: N/A
f) Copy of Limits Page in Permit: N/A
g) Damage: N/A
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Corporauor, Info nation
http://corp _sec state.state.nc,us/c-i-b in)l istb y corp.pi
DEPARTMENT OF THE SECRETARY OF -STATE
CORPORATIONS
Data Current as of 02/01/00
Information for BILL BOULLA ENTERPRISES, INC.
Corporation Id: 0206374 Date of Corporation: Apr 3 1997.
Corporation Status: ACTNE �
Duration: PERPETUAL Category: Business Corporation
State of Incorporation: NC
1 Country of Incorporation: UNITED STATES
Registered Agent Information
Registered Agent Name: WILL" P BOULIA
Address: 6929 HWY 70 EAST
City : NEWPORT State: NC Zip: 28570
Filings
Ret n to exact name ccareb
�.. ~ Rci;;rn to sou.idex sears-1
Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of ; .n
reader. While every effort is made to keep such information accnrata and up-to-date.:s'=!:'SQ 4�rctary r.f Sia_te q."60's :�.`'
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] of] 05/24/2000 ] 0:50 AM

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STATE OF NORTH CAROL11 BY:
)EPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
BILL BOULIA ENTERPRISES, INC. ) STIPULATION OF FACTS
FILE NO. WO 00-009
Having been assessed civil .penalties totaling $4.301.02 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated October 5. 2000, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality
within 30 days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after 30 days from the receipt of the notice of assessment.
This the a? C,57
day of &V__ , 2000.
L& C C&Za_
BY
ADDRESS
Vic, arx /
W M.M.0 I _ .
�1
r, �! TELEPHONE
c1Z 2

State of North Carolina
r Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Attn: Mr. William P. Boulia
P. 0. Box 1765
Newport, NC 28570
Dear Mr. Boulia:
A10
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 15, 2000 N. C_RECE!,vEn
Dept. of
ov
int.'s3 2088
a l lira
,
rn
Subject: Remission Request of
Civil Penalty Assessment
Bill Boulia Enterprises, Inc.
New Hanover County
Permit No:
WQ ()l1-11119
The Division of Water Quality is in receipt of your request for remission of civil penalty
assessed in the matter of the case noted above. However, your remission request was not
accompanied by a completed form waiving your right to an administrative hearing, which must
be received before your request may be processed. Please complete the attached waiver
form immediately and return it to the attention of .. Bob Sledge" at the
letterhead address. The subject case will be tentatively scheduled for the next Director's
Enforcement Conference. however failure to return the completed waiver form will result in
delays in your case being heard.
Once the completed waiver form has been received. the Division will be able to proceed with your
remission request. If you have any questions, please call Bob Sledge at [phone].
Sincerely,
r E. Shannon Langley, Supervisor
. Point Source Compliance/Enforcement Unit
ATTACHMENT
C"-WI'EZ'O��?i! Supetvisoa' w/Remission lett;;r�
Central Files w/ Remission Letter 3
Case File w/ orivinal remission request and 3 copies
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/11l% post -consumer paper

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' •:S

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. WQ 00-009
Having been assessed civil penalties totaling $4,30I.02 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate
that the facts are as alleLcd in the assessment document.
This the day of
ADDRESS
TELEPHONE
SIGNATURE
Year

... �� ..
_ ;r�

f,
BOULIA ENTERPRISES INC.
PO BOX 1765/6931 HWY 70 EAST
NEWPORT, NC 28570
NC UNLIMITED LICENSE #31262
252(223)2122 PH 2;2(223)3004 FX
boulianclis.com
November 1. 2000
ivis. Coleen Sullins
Water Quality Section Chief
Division Of Water Quality
1617 Mal Service Center
RaleiL,h. NC 27699-1617
Dear NIs. Sullins.
RE: Request for Remission
f ' 49 yr,
I appreciate being given the opportunity to explain my position. I believe the
followinu, information alon-- with the enclosures will assist me in stating my case.
In late 1994. 1 searched for and purchased an Industrial commercial plot of land for
my construction company. I cleared "brush' and. in early 1995, moved a mobile home as an
office onto the property. 1 had no iden what was ahead.
In 1996. two hurricanes — Bertha and Fran slammed our county. The area was
devastated and my construction business was barraged with repairs. 11 e inadvertently lost
FOCUS of our land quality pion. Vly engineer at the time. Paul Wysocki. was pursuing the
proper avenues. to the best of my knowledge. but as it turned out his business was also
affected with the development of structural repairs to buildings damaged by the hurricanes.
In November of 1996, just four months after Hurricane Bertha and two months after
Hurricane Fran. Mickey Sug�g. US Army Corps of Engineers. issued an activity Perm]
of
non-compliance (see enclosure). As soon as this unauthorized discharge was brought to my
attention I quickly restored the problem areas and. by February 14'h, had been inspected and
approved. We also followed up right away with a 404 wetlands delineation survey, which
was performed and approved by Mickey Sugg. Corps of Engineers (see enclosure).
In September of 1997. Eric Fleck, DWQ, conducted a site inspection due to an
anonymous complaint of a sedimentation runoff.
In October. under the direction of Paul Wysocki. we ordered a site survey. This
survey aided us in determining to locate a pond toward the lowest area of the property. with
catch basins or drains located toward the north west part of the pond, exiting toward the
1-{ighwav 70 ditch. By this time we were striving to put the elements in place for a filtration
system. All spoil was bein utilized on site. At the same time, were requesting a quote for a
retention pond storm drain (see enclosure).
In November. we fazed Mr. Fleck a map of our plans indicating the wetlands and
property line (sec: enclosure), continuinV.? to adhere and respond as quickly as possible.
I t�.���•.;I�r,♦Iui�INIAI��.IrIIIIII+..a�n�II�III..IINIII�IM,,,Iu,.,.._ 1��✓ � , Cf �,�

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ffr
On November 8"'. 1997 1 was requesting additional information from my engineer
(see enclosure), attempting to gain compliance. I expressed the urgency to Nlr. Wysocki,
begging for some action.
VOn the 12`h. [v[r. Fleek and Pete Colwell paid a site visit to verify my corrective
actions and on the 14'h we received a letter verifying our corrective actions (see enclosure).
In January of 1998. I continued pleading with iblr. Wysocki (by registered letter) to
assist me in responding to Rick Shriver with DWQ (see enclosure). In the spring, while
continuum~ to follow the steps for land quality. I purchased an additional piece of property
adjacent to the original property. which increased the areas for computations from 5.=4 acres
to approximately 6.3) acres. Dtn-ina this time, I was under the "watchful" eve of land quall(V
and, in the absence of an approved plan. I made all possible attempts within my power and
knowledge base to manipulate the waterflow through the existing sedimentation/erosion
control pond. The flow may not have been the correct one. but I made all attempts to follow
guidelines as [ knew them.
After receiving vet another violation in June of 1998. 1 found myself floundering to
Find another engineer to follow through with my endeavors. 1 decided to hire Joe Dunnehoo.
Oceanside En,-micering.
On June 16, 1998. we received an "existin , conditions" map from Glenn Nichols
Sur•vevinL'g indicating topo conditions (see enclosure). This map reflects the attempt to direct
the majority ofthe %rater flow throuygll t11e pond.
By July 19. 1998, Joe Dunnehoo submitted the first plan on record at DWQ. Since
then. we have reshaped the existintg conditions to his proposed plan, and -the drainage is
directed to a forebay. This was accomplished within two months.
By ALILIust. I purchased an adjacent 1.1 acres from John Diebert. which brought the
s total property to the calculations being submitted and approved by October 5. 2000.
[n closing. I was very concerned after being notified by different field representatives
involving development. [ cannot deny that our eves were open to 5-6 acres located on
F[ighwav 70 in a commercial industrial site. [ would like to elaborate on the fact that oniv
50-60`,'•0 of the site is developed at this time. Two areas of proposed buildings remain with
grass and trees growing on them. To date [ have completed approximately 50'X0 of the
approved plan and project to be requesting an inspection by my engineer in e lrly December.
followed by a request for a DWQ representative to verify the plan.
I believe that these factors clearly indicate that my intent and concern during the
years of controversy was always to follow the law. Thank you in advance Ior reconsidering
the civil penalty. V
Sincerely.
Bill Boulia
President
enclosures

I

Corporation Information
http://corp.secstate.state.nc.us/cgi-bin/[istbyeorp.pI
�DEOARTMENT,O.F'THE. SEG.RETAFzY=;bF;STATE.
_. QOR.P0RATIaNS
Data Current as of 02/01/00
Information for BILL BOULIA ENTERPRISES, INC.
Corporation Id: 0206374 Date of Corporation: Apr 3 1987
Corporation Status: ACTIVE
Duration: PERPETUAL Category: Business Corporation
State of Incorporation: NC
Country of Incorporation: UNITED STATES
Registered Agent Information
Registered Agent Name: WILLIAM P BOULIA
Address: 6929 HWY 70 EAST
City: NEWPORT State: NC Zip: 28570
Filings
Return to exact name search
Return to soundex search
Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the
reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not
certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no
circumstances be liable for any actions taken or omissions made from reliance on any information contained herein
from whatever source or any other consequences from any such reliance.
I of 1 05/24/2000 10:50 AM

Corporation Information http://corp.scestate.state.nc.us/cgi-bin/listbycorp.pt
7EF?A 'TM
ENT'+OF.'``THEaSE tETARY C F TA7
X)RR,_0 IONS
Data Current as of 02/01/00
Information for BOULIA ENTERPRISES REAL ESTATE AND
DEVELOPMENT, INC.
Corporation Id: 0466657 Date of Corporation: Aug 4 1998
Corporation Status: ACTIVE
Duration: PERPETUAL Category: Business Corporation
State of Incorporation: NC
Country of Incorporation: UNITED STATES
Registered Agent Information
Registered Agent Name: WILLIAM P. BOULIA
Address: 209 WATER OAK DRIVE
City: NEWPORT State: NC Zip: 28570
Return to exact name search
Return to soundex search
Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the
reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not
certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no
circumstances be liable for any actions taken or omissions made from reliance on any information contained herein
from whatever source or any other consequences from any such reliance.
I
I of 1 07/18/2000 4:43 PM

State Stormwater Management Systems
Permit No. SW8 970855
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE, STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Bill Boulia Enterprises, Inc.
Afetivport River Shoppe.s
Carteret County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC
211 .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and
speci fications and other supporting data as attached and on file with and approved by the Division of Water Quality
and considered a part of this permit.
This permit shall be effective from the date of issuance until October 10, 2010 and shall be subject to the following
specified conditions and limitations:
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting; data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from
151,671 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per
approved plans.
5. The offsite runoff from the neighboring property must be collected and redirected per the approved plans.
6. The runoff From all onsite built -upon area permitted with this project must be directed into the permitted
stormwater control system.
2

State Stormwater Management Systems
Permit No. SW8 970855
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Newport River Shoppes
Permit Number:
SW8 970855
Location:
Carteret County
Applicant:
Mr. Bill Boulia, President
Mailing Address:
Bill Boulia Enterprises, Inc.
PO Box 1765
Newport, NC 28570
Application Date: September 8, 2000
Name of Receiving Stream/Index 9: Newport River / (WHO 21-1)
Classification of Water Body:
If Class SA, chloride sampling results: n/a
Pond Depth, feet: 6
Permanent Pool Elevation, FMSL: 2
Drainage Area, acres: 6.4
Total Impervious Surfaces, ft2: 151,671
Offsite Area entering Pond, ftz: rerouted, per Engineer
Required Surface Area, ftz: 8,386
Provided Surface Area, ft2: 14,924
Required Storage Volume, ft': 12,538
Provided Storage Volume, ft': 15,122
Temporary Storage Elevation, FMSL: 2.92
Controlling Orifice: 1.5"cb pipe
3

State Stornnwater Management Systems
Permit No. SW$ 970855
II. SCHEDULE OF COMPLIANCE
l . The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless
the facilities are constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
1 f the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
9. A modification must be permitted prior to any construction. The following items will require a modification
to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan,
10. The Director may determine that other revisions to the project should require a modification to the permit.
11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
4

State Stormwater Management Systems
Permit No. SW8 970855
12. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities
shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale
of any portion of the property.
13. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
15. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days.
III. GENERAL CONDITIONS
l . This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and may or
may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-2I5.6A to 143-215.6C.
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
I
uch as the construction of additional or replacement stormwater management systems.
The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility.
The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
Permit issued this the I Oth day of October, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr 1'. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 970855

Port City Speedway
Subject: Port City Speedway
Date: Wed, 13 Sep 2000 16:50:40 -0400
From: Bob Sledge <[e-mail]>
To: Linda Lewis <[e-mail]>
Off the top of your head, do you recall if this site had installed AUi stormwater control measures? Did
they have erosion control in during construction that could be reconfigured and eventually satisfy the
SW rules? I'm asking because if your answer is "no," we can add a line item to the case for failure to
install measures.
In a more detailed question, in the Bill Boulia case, there is a 5/24/00 letter in the file that says it
represents the result of the fifth review of the package. Based upon the return letters in the file, 1 could
only guess it to be the fourth. Is there another letter that I don't have? I have return letters dated
10/5/99, 1/22/99, 8/25/99 and 5/24/00. If there is another letter, would you please send it up to me or
provide clarification on the matter. Sorry if I sound picky, but if this case is going to hinge on the
inadequacy of their submittals, I just want to be sure we have all the documentation on file.
Thank you,
Bob
I of 1 09/14/2000 8:02 AM

•l:
P. 1
,t r COMMUNICATION RESULT REPORT ( AUG. 7.2000 4:13PM
FILE MODE'
788 MEMORY TX
----------------
REASON FOR ERROR
TT NCDENR WIRO
OPTION ADDRESS (GROUP) RESULT PAGE
--------------------------------------------
8-2523542877 OK P. 2/2
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Governor
FAX COVER SHEET
Date: August 7, 2000
To: Joe Dunnehoo
Company: Oceanside Engineering
FAX #: [phone]
Bill Holtman, Secretary
No,.o -
frodu Linda Lewis
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project #SW8 970855
Project Name: Boulia Enterprises (Newport River Shoppes)
MESSAGE:
Dear Mr, Dunnehoo:
l . You are still reporting an incorrect value for the SAIDA ratio on the supplement, You report
the WDA ratio as 60%, but you use 3.4% in the calculations, You need only place the saine
3.4% that you used in the calculations, in the Nat* on the supplement where it asks for the
SAMA ratio. The 60% that you are currently showing is the percent inrpendous of the site,
which is not the same as the SAIDA ratio. Since this minor error has gone uncorrected for
the third time after pointing it out to you, and NAU continue to be one of the many things
. . . . , 4 .. . .. 1 -44 1 . .1 -.. ., --- -1-- .-1...- - *1 nnl

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Governor
FAX COVER SHEET
Date: August 7, 2000
To: ,Joe Dunnehoo
Company: Oceanside Engineering
FAX #: [phone]
Bill Holman, Secretary
No. of Pages: 2
From: Linda Lewis
0L.-
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project #SW8 970855
Project Name: Boulia Enterprises (Newport River Shoppes)
MESSAGE:
Dear Mr. Dunnehoo:
You are still reporting an incorrect value for the SA/DA ratio on the supplement. You report
the SA/DA ratio as 60%, but you use 3.4% in the calculations. You need only place the same
3.4% that you used in the calculations, in the blank on the supplement where it asks for the
SA/DA ratio. The 50% that you are currently showing is the percent impervious of the site,
which is not the same as the SA/DA ratio. Since this minor error has gone uncorrected for
the third time after pointing it out to you, and will continue to be one of the many things
which hold up this application, I will go ahead and make the change to 3.4%.
2. 1 inspected the site on July 17, 2000, and saw that the construction was nearing completion.
There is offsite runoff entering the site from the neighboring property to the north that was
not reported or shown on the application. The swale created behind Building #5 to transport
roof runoff to the pond also carries runoff from the undeveloped adjoining property into the
pond. Please either account for this offsite runoff at the full build -out potential on the
application, or grade another swale to bypass this runoff around the pond. If you do not
bypass the offsite runoff, please submit plans that clearly delineate the new drainage area.
If you decide to account for the offsite runoff in the pond design, please submit a revised
application using the current March, 1999 form.
4. At the same site visit, I noted that the outlet structure for the pond has not been constructed.
There is a straight pipe from the pond into the receiving stream, meaning that no detention
of the runoff is occurring.
The supplement and plan details indicate that a 1" orifice is to be used, but 1.5" is specified
in the calculations. You need to revise the plans and supplement to show the correct orifice.
Please base this revision on how you handle the offsite runoff. Additional drainage area and
potential impervious area will increase the required minimum volume, which increases the
orifice size. My previous review had already determined that the 1" was too small.

Please take a few minutes before you pack up the revised plans and application to make sure
that everything matches tip between the plans, the calculations and the application.
The requested information should be received by this Office prior to September 7, 2000, or
the application will be returned as incomplete. The return of a project will necessitate resubmittal
of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a
time extension to the Division at the address and fax number at the bottom of this letter. The request
must indicate the date by which you expect to submit the required information. The Division
is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original documents
must be returned with the requested revisions, or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-
3900.
S:1 WQ SISTORM WAI'\I:ETTERS1970855-2.AUG
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 "Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Jaynes B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
May 24, 2000
Mr. Bill Boulia, Owner
Boulia Enterprises
PO Box 1765
Newport, NC 28570
1 � m
C E R
NORTH CAROUNA DEPARTMENT OF
ENVMONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970855
Boulia Enterprises Site
Carteret County
Dear Mr. Boulia:
The Wilmington Regional Office received a Stormwater Management Permit Application for Boulia
Enterprises Site on May 15, 2000. A preliminary review of that information has determined that the application
is not complete. The following information is needed to continue the stormwater review:
1. The TSS removal rate is now indicated as 85%. The runoff from the outlet structure must pass
though a 50' vegetated filter, however, the plans show that the outlet structure piping does not go
through the filter. Please either redirect the outlet piping to go through the vegetated filter, or
redesign the pond to meet the surface area requirements for 90% TSS. The calculations show that
there is sufficient surface area to meet the 90% requirement.
2. As previously stated, the SA/DA ratio is the percent of the drainage area fDA) that must he
provided as surface area (SA) in the detention pond. Mr. Dunnehoo has reported it on the
supplement as the percent impervious of the site, which is not correct. Please rc ise the original
page 1 of the supplement which is returned with Mr. Dunnehoo's copy of this letter, and return
the original to me.
3. If you continue with use of the 85% TSS chart, please add a detail of the vegetated filter to the
plans. The detail must include the following items:
a. Existing and proposed contours and spot elevations.
b. Flow spreader mechanism with inverts.
C. Grass type to be planted in the filter.
d. Slope from outlet pipe to end of 50' filter (May not exceed 5%).
4. Please provide the velocity calculations in the filter for the 10 year storm.
5. Please check your math for the drainage area. When I multiply 6.4033 acres by 43,560 I get
278,928 not 279,929. Please revise application, calculations and supplement as needed.
6. The 1 " orifice specified is much too small. The calculations use a volume of 5,957 cubic feet to
size the orifice. Where did this number come from? The volume that should be used is 13,714
cubic feet, which is the required minimum. Please revise the calculations and supplement as
needed.
The previous applications used 216,491 ft2 as the proposed BUA. This has now been revised to
151,67I ftz. Please revise the application.
127 Cardinal Ur. Ext., Wilmington, North Carolina 28405 'Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Mr. Boulia
May 24, 2000
Stormwater Project No. SW8 970855
This project has been going on for almost 3 years now. The State has been more than lenient in
allowing this situation to continue. Due to the repeated incomplete applications submitted by your engineer,
1 have no choice at this time but to pursue enforcement action You were served with a Notice of
Recommendation for Enforcement on June 5, 1998, and an incomplete application was received a month
later. Since that time, the project has been built, and a permit still has not been issued. This Office has no
choice but to pursue enforcement.
Please note that this request for additional information is in response to a fifth review of the
submitted permit package. The requested information should be received by this Office prior to June 24,
2000, or the application will be returned as incomplete. The return of a project will necessitate resubmittal
of all required items, including the.application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents
that need to be revised have been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this
matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADD1NF01970855.MAY
cc: Linda Lewis
Joe Dunnehoo, A.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

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State'of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
April 28, 2000
CERTIFIED MAIL Z 495 991 344
RETURN RECEIPT REQUESTED
Mr. Bill Boulia
Boulia Enterprises
PO Box 1765
Newport, NC 28570
Subject:NOTICE OF RECOMMENDATION FOR ENFORCEMENT
- Boulia Enterprises
Stormwater Permit No. SW8 970855
Carteret County
Dear Mr. Boulia:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is
considering sending a recommendation for enforcement action to the Director of the Division of Water Quality.
The recommendation concerns the violation of North Carolina General Statute NCGS 143-215.6A(2); Failing to
apply for or secure, and/or act in accordance with the terms, 'conditions, or requirements of a permit required by
NCGS 143-2I 5.1. You have failed to respond to a request for additional information regarding the Stormwater
Management Permit Application sent to you on August 25, 1999.
If you have an explanation for this violation that you wish to present, please respond in writing to me
within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
If you have any questions concerning this matter, please contact Linda Lewis at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:larl S:IWQSISTORMWATIENFLETR1970855.APR
cc: .Toe Dunnehoo, P.E.
Katrina Marshall, Carteret County Building Inspections
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files
I27 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Warne McDevitt, Secretary
Division of Water Qualit},
August 25, 1999
Mr. Bill Boulia
Boulia Enterprises
PO Boa 1765
Newport, NC 28570
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SWS 974855
Boulia Enterprises
Carteret County
Dear Mr. Boulia:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Boulia Enterprises on July 22, 1999. A preliminary review of that
information has determined that the application is not complete. The following information is needed to
continue the Stormwater review:
The supplement as submitted is incorrect and does and match up to the numbers as shown in
the pond design on page 2 of the plans. Please make the following corrections:
a. The true drainage area to the system, as used in the pond data listing, is 6.43 acres, not
4.97.
b. The permanent pool volume is the volume in the pond measured from the bottom to the
permanent pool. To do this calculation, as explained at the workshops, please ignore the
forebay wall and calculate the volume in the entire pond (including the potential
forebay area) as if the forebay wall were not there. Once you know how big the forebay
is supposed to be, then you go back in and position the forebay wall and adjust the depth
to achieve the required volume.
C. The Temporary Pool volume is that volume associated with the V storm. Since this
submittal began prior to the orifice sizing change that was initiated in June, 1999, please
report this volume as the actual volume stored between elevations 2 and 4. Please note
that the surface area at elevation 4, based on the dimensions shown, is 21.836 square
feet.
d. The SAIDA ratio is not the percent impervious of the site. It is the minimum percent of
the drainage area that must be provided'as surface area at the permanent pool. The plans
report this ratio as 4.6%.
Projects submitted after June, 1999, must size the orifice based on the required
minimum I " volume. Since this project was initiated prior to June, 1999, please size the
orifice based on the volume actually provided in the pond. For all future projects, please
size the orifice based on the volume of the V storm.
127 Cardinal Dr. Eat., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%, recycled/10% post -consumer paper

Mr. Boulia
Au`,ust 25, 1999
Stormwater Project No. SW8 970855
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior. to September 25, 1999, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces associated with this project prior to receipt of the
stormwater permit is considered a violation of NCGS 143-215.1, and is subject to enforcement action.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWAT1ADDINF01970855.AUG
cc: Linda Lewis
Joe Dunnehoo, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
April 26, 1999
A4j
10000171
floft%
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL P 455 445 923
RETURNLRECEIPT REQUESTED
Boulia Enterprises
Mr. Bill Boulia, Owner
P.O. Box 1765
Newport NC 28570
Project Name: Boulia Enterprises, Inc.
Project No: 970825CA
Carteret County
Dear Mr. Boulia:
On April 9, 1999, personnel of this office inspected a project located off of Hwy 70 East in
Newport in Carteret County, North Carolina. This inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -
disturbing activity of approximately 6 acres being conducted.
It is our understanding that you and your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the Act,
NCGS 1 13A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that
you are not responsible for the following violations, please notify this office immediately.
The violations that were found are:
1 . Failure to conduct a land -disturbing activity in accordance with the provisions of an approved
erosion and sedimentation control plan. NCGS 1 13A-61.1.
Building appears to have been put in a different location. The stormwater pond inlets and
outlets do not appear to be as per plan and seeding specifications were not followed. The
stormwater pond did not have 3 to 1 inner slopes.
The erosion and sedimentation control plan approved by this office on October 21, 1999 must
be immediately implemented on the site sufficient to restrain off -site sedimentation.
127 Cardnai Drive EMtension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]
An Equal Oppartunity Affirmative Avion Employer

Mr. Bill Boulia
April 26, 1999
Page Two
2. Failure on a tract of more than one acre, when more than one acre is uncovered, to provide
a permanent ground cover sufficient to restrain erosion on such exposed areas within 15
working days or 90 calendar days, whichever is the shorter after completion of construction
or development. NCGS 113A-57(3) and 15A NCAC 4B.00024(e)•
The February 26, 1998 inspection report noted a failure to provide adequate groundcover. The
fill area and surrounding site area are not vegetatively stabilized.
3. Failure on a tract of more than one acre, when more than one acre is uncovered, to install
sedimentation and erosion control devices sufficient to retain the sediment generated by the
land -disturbing activity within the boundaries of the tract during construction upon and
development of the tract. NCGS 113A-57(3).
A wetland area was filled. The silt fence at this wetland area was breached. The wetland area
has not been stabilized with grass.
4. Failure to take all reasonable measures to protect all public and private property from damage
by such land -disturbing activities. 15A NCAC 4B.0005.
Certain erosion control measures have not been installed, i.e., check dams and outlet
protection.
5. Failure to maintain on graded slopes and fills an angle which can be retained by vegetative
cover or other adequate erosion control devices or structures. NCGS 1 13A-57(2).
The inside slopes of the stormwater pond are not vegetated. The parking area behind the new
building has run-off causing gully formations.
6. Failure within 30 working days of completion of any phase of grading to plant or otherwise
provide exposed, graded slopes or fills with groundcover, devices, or structures sufficient to
restrain erosion. NCGS 113A-57(2).
Fill has run-off into the swales at certain points. The eastern (future office area) land is still
exposed.
7. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation
control measures and facilities during the development of a site. 15A NCAC 4B.0013.
The silt fence has not been maintained on the east side of the property.
To correct these violations, you must:
1. Submit a revised plan if applicable or follow the approved plan.
2. Provide adequate groundcover to all exposed slopes.
3. Keep sediment out of wetlands.

Mr. Bill Boulia
April 26, 1999
Page Three
4. Take all reasonable measures to control sediment on site.
5. Grade slopes to an angle sufficient to restrain erosion and retain vegetation.
6. Provide vegetative groundcover or other adequate devices within 15 working days.
7. Maintain erosion and sedimentation control structures.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative
cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until
a standing cover of grass or other ground cover is established which is, in fact, sufficient to restrain
accelerated or man-made erosion.
Please be advised that if these violations are not corrected within 25 days of receipt of this
notice, the Director, Division of Land Resources, will be requested to take appropriate legal action
against you pursuant to NCGS 1 13A-64. That action could be the assessment of a civil penalty and
the amount may be up to $500 per day for each day of the violation. The penalty may be assessed
from the date of your receipt of this Notice of Violation. (15A NCAC 4C.0007). If these violations
are corrected within the time period specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project must not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so the work can be inspected. You should not
assume that the property is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in proper working order until development is complete
and the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be sent
to you upon request. Should you have questions concerning this Notice or the requirements of the
Act, please contact either Janet Paith or me at your earliest convenience.
Please do not hesitate to contact me regarding any questions you might have about this
matter.
Sincerely,
Daniel Sams, P.E.
Regional Engineer
DES/JLP/dbd
cc: Sedimentation Specialist
WiRO-LOS
OWO Supervisor-WiRO
Enclosure: Inspection Report

1.
ATION CONTROL COM.MISSION'S PLAN OF ACTION
APPROVED NOVEh18ER 19, 1997
Law Changes
Stop Work Authority
Amend GS 5 113A-55.1(d) to increase the time for which a
Stop Work Order may be issued from 3 days to 5 days.
Law and Rule Changes
1. Shorten time for establishment of ground cover
The deadlines for the establishment of a ground cover shall
be shortened to 15 working days and 30 calendar days for
_ temporary ground cover and 15 working days and 90 calendar
days for permanent ground cover.
Amend NCAC 15A:4B.0007(b) as follows:
Pursuant to GS S 113A-57(3), provisions for a ground
cover sufficient to restrain erosion must be
accomplished within e-e 15- working days or 2:2$ IQ
calendar days following completion of construction or
development, whichever period is shorter, except as
provided in 15A NCAC 4B.0024(e).
Amend GS 5 113A-57(2)as follows:
The angle for graded slopes and fills shall be no
greater than the angle which can be retained by
vegetated ground cover or other adequate erosion -
control devices or structures. In any event, slopes
left exposed will, within -3-e 1,1Z working days gr, 2Q
calendar days, of completion of any phase of grading,
whicheverrper.4S- is sho=er, be planted or otherwise
provided with ground cover, devices, or structures
sufficient to restrain erosion.'

Jun-15--99 02:OOP OCEANSIDE ENGINEERING 919 354 2877
P.02
8810 Emerald Drive, Emerald Isle, NC 28594 • [phone] Fax [phone]
RUNE 15, 1999
NCDENR .
Water Quality Section
Attention: Linda Lewis
Ms. Lewis,
This fetter is reference to (4) different projects that we are working on that needed the
Stormwater forms updated.
The projects are stated below:
SW8 970855, For Boulia Enterprises in Newport, N.C.
SW8 990429, For Heilig Meyers in Morehead City, N.C.
SW8 990309, For Catchers Pointe Subdivision in Gloucester, N.C.
SW8 980710, For Bethel Church Ministries in Jacksonville, N.C.
We hope to have these project finished by the end of June. If thre are a} uestions please call
me at [phone] of fax at [phone]. ,� J
Thank you for your time,
Dunnehoo
e Engineering

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
April 29, 1999
Mr. Joe Dunnehoo, P.E.
Oceanside Engineering
8810 Emerald Drive
Emerald"r-'isle, NC 28594
`sFA
NCDENVI
TH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970855
Boulia Enterprises
Carteret County
Dear Mr. Dunnehoo:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Boulia Enterprises on February 12, 1999. A preliminary review of that
information has determined that the application is not complete. The following information is needed to
continue the stormwater review:
As previously requested twice before, please provide revised and sealed pond design
calculations. The percent impervious on the original calculations was in error, and there have
been significant revisions to the areas and elevations since the original was submitted.
2. The pond section detail that shows the outlet structure (assumed to be Section A -A, although
it is not labelled), shows the 1" storage volume elevation as 3, but the supplement and Section
B-B above it both show the storage elevation as 4. Please revise. If the storage elevation is
supposed to be 3, please be aware that insufficient storage is provided for the 1 " storm.
The supplement form indicates that the surface area provided at the permanent pool is 13,185,
however, 82' x 182' is 14,924. Please revise the supplement.
4. The supplement form indicates that the orifice size is 1 - 7116", but the plan detail shows 1-
3/8" . A 1-318" orifice is too small to draw down the volume between elevations 2 and 4. Even
if the storage elevation is actually supposed to be 3, the orifice is too small. Please provide
revised calculations, resize the orifice, and revise the supplement form.
5. The supplement indicates that the SA/DA ratio used is 1. This is incorrect. Please provide the
revised calculations above, and revise the supplement to reflect the correct ratio.
6.�PleaseroA�ethe leted pa of 3 of t and su emeA bl c pyiong 1 s lost.
127 Cardinal Ur. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50°/. recycled/I0% post -consumer paper

Mr. Dunnehoo
April 29, 1999
Stormwater Project No. SW8 970855
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review.. The
requested information should be received by this Office prior to May 29, 1999, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permltrt&
The construction of any impervious surfaces associated with this project prior to receipt of the
stormwater permit is considered a violation of NCGS 143-215.1, and is subject to enforcement action.
1f you have -any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF01970855.APR
cc: Linda Lewis
Bill Boulia
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% past -consumer paper

Permit No.
po he provided by DHip)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
I. PROJECT INFORMATION (please complete the following information):
Project Name .7�' a U b � G-w, SAS
Contact Person: 20skf� D v AJ AJCF1700 Phone Number: 770/
For projects with multiple basins, specify.which basin this worksheet applies to:
Basin Bottom Elevation ft.
Permanent Pool Elevation Z- ft.
Temporary Pool Elevation ft.
QS
Permanent Pool Surface Area
13, I
sq. ft.
Drainage Area
Y. 97
ac.
Impervious Area
9 7
ac.
Permanent Pool Volume
3 17-5
cu. ft.
Temporary Pool Volume
;�0, Sod
cep. ft.
Forebay Volume
cu. ft.
SAIDAI used l
Diameter of Orifice in.
Design TSS Removal p %
II. REQUIRED ITEMS CHECIMIST
(average elevation of the floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
(water surface area at the orifice elevation)
(on -site and off -site drainage to the basin)
(on -site and off -site drainage to the basin)
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(surface area to drainage area ratio)
(85% TSS removal required, see item k below)
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Form SVN-IO2 Rev 1/August 1998 Pape I of

Applicants lniti
9
The temporary pool controls runoff from the 1 inch storm event.
The basin length to width ratio is greater than 3:1.
The basin side slopes above the permanent pool are no steeper than 3:1.
A submerged and vegetated perimeter shelf at less than 6: I is provided (show detail).
Vegetation above the permanent pool elevation is specified.
An emergency drain is provided to empty the basin.
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The temporary pool draws down in 2 to 5 days.
A trash rack is provided for both the overflow and orifice.
The forebay volume is approximately equal to 20% of the total basin volume.
Sediment storage is provided in the permanent pool.
NET Re ®,,, C 1 1. A 30-foot vegetative filter is provided at the outlet' (include erosive flow calculations)
m: Recorded drainage easement for each basin including access to nearest right-of-way.
n. . A site specific operation and maintenance (O&M) plan is provided.
a. A vegetation management/mowing schedule is provided in the O&M plan.
p. Semi-annual inspections are specified in the O&M plan:
q. A debris check to_ be performed after every storm event is specified in the O&M plan.
r. Specific clean -out benchmarks are specified in the O&M plan (elevation or depth).
s. A legally responsible party is designated in the O&M plan (include name and title).
t. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin.
INt �
Footnotes:
1 when using the Division SAIDA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
'- The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90% TSS removal.
The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
III. NNTT DETENTION BASIN OPERATION AND MAENTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment
systems (pretreatment other than forebays), and the vegetated filter if one is provided.
This system (check one) ❑ does do not incorporate a vegetated filter.
This system (check one) ❑ does does not incorporate non-integrated pretreatment.
Maintenance activities shall be performs as follows:
After every significant runoff producing rainfall event and at least monthly:
Form SWU-102 Rev 1/August 1999 Paee 2 of

1
r�
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of . Water Quality
January 22, 1999
Mr. Joe Dunnehoo, P.E.
Oceanside Engineering
8810 Emerald Drive
Emerald Isle, NC 28594
NOW —
NORTH CAROLINA DF-PARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970855
Boulia Enterprises
Carteret County
Dear Mr. Dunnehoo:
The Wilmington Regional Office received a Stormwater Management Permit Application for Boulia
Enterprises on November -19, 1998. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
✓1. The 3.5' cleanout bench mark specified in the O & M is not correct. The pond depth must be
maintained at least 75 % of the original design depth of 6', or 4.5' . Please correct.
✓2. You have labelled the required vegetated shelf as the vegetated "slope". To avoid confusion,
please label it correctly as the vegetated shelf.
✓3. The pond details and site plan are inconsistent pertaining to the 6:1 slope width. Section B-B
through the pond indicates that the 6:1 slope is 30' wide; while the Sediment Basin Detail
below it says it is 36' . The site plan indicates that the slope extends from the top of the berm
to elevation 2. Please clarify. If the slope begins at elevation 6 and ends at elevation 1, the
width is 30' . The 6:1 shelf must extend below the permanent pool and be at least 10' wide.
The 6:1 slope is not required to extend above the permanent pool, but you may do it if you
have the room.
X 4. The standard nomenclature for indicating that a slope runs 6' horizontally for every F of
vertical rise is 6:1, not 1:6. Please revise the plans. As written on the plans, the slope will be
a 6' vertical rise for every 1' moved horizontally, which is not acceptable.
✓ 5. Please add the symbol for the impervious area outline to the legend. Since more specific
design information for the development is not known, adding the symbol is necessary to show
what will be the permitted area.
I27 Cardinal Dr. Ext., Wilmington, North Carolina 29405 Telephone [phone] FAX 9I0-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

s
Mr. Dunnehoo
January 22, 1999
Stormwater Project No. SW8 970855
6. The pond details and site plan are inconsistent pertaining to the elevation of the permanent
pool. The details and supplement form indicate elevation 2, but the site plan has elevation 3
shown. Please clarify and revise.
✓7. As previously requested, please dimension each line of the figure created by the permanent
pool contour
8. As previously requested, please provide revised, sealed design calculations. The previous
calculations were erronously based on 70% impervious. The pond area must be included in
the drainage area. Please incorporate any revisions required due to the clarification of the
permanent pool elevation.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to February 22, 1999, or the application will
be returned as incomplete. The return of_a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
�e -
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF01970855.JAN
cc: Linda Lewis
Bill Boulia
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
October 5, 1998
Mr. Joe Dunnehoo, P.E.
Oceanside Engineering
8810 Emerald Drive
Emerald Isle, NC 28594
1 •
67
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsOURCEs
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION'
Stormwater Project No. SW8 970855
Boulia Enterprises Site
Carteret County
Dear Mr. Dunnehoo:
The Wilmington Regional Office received a Stormwater Management Permit Application for Boulia
Enterprises Site on July 16, 1998. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
✓ 1. Please provide the Wet Detention supplement sheet, attached.
2. Please add the required 6:1 vegetated shelf below the permanent pool and note the location,
elevation and slope on the details.
✓ 3. Please provide additional contours and spot elevations to indicate how runoff will get into the
pond, especially from Areas 3 and 4 and from the parking area on the north side of the site.
The current elevations shown indicate that at least half of areas 3 & 4 will drain towards
Highway 70 into the wetlands without treatement. ALL built -upon area within that dashed line
shown on the plans must be directed into the pond.
w)\p 4. Locate the pond in a recorded access/drainage easement.
5. Please dimension each line of the figure created by the permanent pool.
ke, 6. The existing 18" CPP appears to collect runoff from Lots 29-34 on, the west side of the
oI —AeV - property. You do not account for any offsite runoff. Please verify the drainage area for this
pipe.
7. Provide the locations, tops and inverts of all catch basins.
i/ 8. Provide a detail of the swale and channel you show picking up runoff from the site.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer , 50% recycled/10% post -consumer paper

Mr. Dunnehoo
October 5, 1998
Stormwater Project No, SW.8 970855
'f 9. Please note on the plans that all roof drains must be located such that the runoff is directed
into the pond.
10. Please indicate if the -orifice size you specify, 1-1/16", is based on the volume provided in the
G pond of 12,196 cubic feet. If the storage elevation is 1 foot above the permanent pool,. and. the
( side slopes are 3 :1 above, the volume in the pond must be greater than 12,196. While 12,196
is a conservative estimate, the possibility that the orifice is too small is real, since it is based
on a volume that is smaller than.what is actually provided in the pond. Please base the orifice
size on the volume actually provided in the pond, beginning with an accurate estimate of the
volume provided in the pond.
11. Your calculations indicate that the overall percent impervious is 70%, based on the site area
of 7.32 acres, and an impervious area of 4.97 acres, but you base your SA/DA ratio, Rv, and
( volume calculations on a drainage area of 4.97 acres. If the drainage area is 4.97 acres, then
the percent impervious is 100%, not 70%, and the Rv value is 0.95; not 0.68. You cannot
interchange the drainage area and site area. You must pick one, the drainage area, and use it
in all the calculations. As a result of this.error, the volume is deficient, and the orifice is too
small. Please specify the drainage area and revise tfie calculations to show an increase of the
storage volume in the pond.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to November 5, 1998, or the application will
be returned as incomplete. The return of a project will necessitate resubmittaI of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINF01970855.00T
cc: Linda Lewis
Bill Boulia
Central Files

STORMWATER SUBMITTAL REQUIREMENTS
DETENTION POND
A. Site Plan
1.
Development/Project Name
2.
Engineer name and firm.
✓
3.
Legend
;✓
4.
North Arrow
5.
Location Map with direction, distance to named streets, NCSR numbers.
✓
6.
Scale
,✓
7.
Date
8.
Revision number and date.
D<
9.
Original contours, proposed contours, spot elevations, finished floor elevations.
V,
10.
Existing drainage, including off -site. Map of offsite area?
✓
11.
Property/Project boundary lines, dimensioned.
12.
Mean High Water Line, if necessary.
13.
Drainage easements, pipe sizes.
t✓
14.
Wetlands delineated, or a note on the plans that none exist.
u A
15,
Details of the road, parking, cul-de-sacs, including sidewalks, curb and gutter..
N A
16.
Drainage area to each pond delineated.
17.
Dimensions of the permanent pool.
0 A
18
Vegetated filter detail if using 85 % TSS. This is NOT a connector ditch.
de N-
19.
Dimensions of the road, parking cul-de-sacs, sidewalks, and curb and gutter.
NI_
20.
Unit footprint with dimensions and concrete wood deck areas noted.for apartments
or condo development.
21.
Forebay at each inlet. Prefer one inlet
✓
22.
Inlets located such that entire pond is used for treatment and no short-circuiting.
23.
Pond section with:
Bottom elevation
Permanent pool elevation PP
Storage pool elevation SP
Slopes: 3:1 above permancnt pool
_ X
Vegetated shelf @a 6:1 slope, with begin and end elevations around pond.
Forebay bottom elevation, 3:1 slopes,
,✓
Forebay weir elevation between PP and SP.
24.
Outlet structure detail with trash rack and orifice.
�C
25.
Note on plans that all roof drains must be directed so as to be picked up by the pond.
f
26.
A 3:1 L:W ratio has been provided for the pond.

STORMWATER SUBMITTAL REQUIREMENTS,
DETENTION POND (cont)
B. Calculations
1.
85% or 90% TSS Chart noted.
r/
2.
Pond depth.
r
3.
SA/DA ratio calculation.
4.
Required surface area at permanent pool.
5.
Provided surface area at permanent pool (Based on pond dimensions)
,i
6.
Required volume.
✓
7.
Provided volume.
2 8.
Orifice size based on provided volume.
9.
Engineer seal.
10.
Built -upon area to each pond.
11.
Forebay designed to hold 20 % of the first inch.
K/
11A
12.
Non -erosive flow in the vegetated filter, if using 85 % TSS.
C.
Supporting Documentation
1
d4A
Completed permit application
a. Is the person who signed the landowner or a leasee? Must be landowner.
b. All sections completely filled in.
C. Check signature per .1003 (e). Make sure title is provided.
d. If agent signs, signatory authorization from owner.
e. Wet detention supplement sheet provided.
f. Mailing address & phone of applicant- no CIO.
g. Verify water body classification.
h. Missing information:
2. Signed Operation and Maintenance Plan (includes all items on DWQ O & M form.)

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Jun-30-98 11:43A OCEANSIDE ENGINEERING 919 3S4 2877 P_01
r
&&oeft7M
8810 Emerald Drive, Emerald Isle, NC 28594,[phone] Fax [phone]
DATE: TUNE 30, 1998
FAX FOR: LINDA LEWIS
REFERENCE: BOULIA ENTERPRISES SITE (SW 970855)
NUMBER OF PAGES: (2) INCLUDING THIS COVER SHEET,
THANK YOU!

Jun-30-98 11:43A OCEANSIDE ENGINEERING 919 354 2877
P.02
0
h 0 (nOUMPE
8810 Emerald Drive, Emerald Isle, NC 28594 • [phone] Fax [phone]
29 JUNE 1998
NCDENR
127 CARDINAL DRIVE EXT
WILMINGTON, NC 28405
ATTENTION MS. LINDA LEWIS
REFERENCE: BOULIA ENTERPRISES SITE (SW 970855)
Dear Ms. Lewis:
I have started thRSproject for Mr. Boulia. He had another
engineer working for him, but that engineer did not do his
project for him in a timely manner. I hope that I will have this
project finished within two (2) weeks.
Sincerely,
J CQ-
JOSEPH F.
DUNNEHOO PE/RLS

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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James R. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
June 5, 1998
CERTIFIED MAIL Z 312 646 452
RETURN RECEIPT REQUESTED
Mr. Bill Boulia
Boulia Enterprises, Inc.
PO Box 1765
Newport, NC 28570
� 0
NC D E N Ft
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAMURAL RESOWRcFs
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Boulia Enterprises Site
Stormwater Permit No. SW8 970855
Carteret County
Dear Mr. Boulia:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering
sending a recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation of North Carolina General Statute 143-215.6A (a)(2); failing to apply for or
secure a permit required by G.S. 143-215.1. You have failed to submit the Stormwater Management permit
application by December 19, 1997, as indicated in your response letter dated December 14, 1997.
If you have an explanation for this violation that you wish to present, please respond in writing to me within
ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still
deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you Have any questions concerning this matter, please contact Linda Lewis at [phone].
Sincerely,
C C L__
Rick Shiver, P.G.
Regional Water Quality Supervisor
RSS:larl S:1WQSISTORMWATIENFORCE1970855.JUN
cc: Katrina Marshall, Carteret County Building Inspections
Paul Wysocki, P.E.
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycledA0% post -consumer paper

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BOULIA ENTERPRISES INC.
PO BOX 1765
NE WPO RT, NC 28570
NC UNLIMITED LICENSE #31262
[phone] FAX [phone]
December 14, 1997
Attention: Rick Shiver
RE: Response to Notice of Recommendation for Enforcement
Stormwater Application-#SW$-970$5S—
Hardcopy to follow by certified letter.
Bill Boulia
Page I of 14
DEC 19 1997
BY:_

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BOULIA ENTERPRISES INC.
PO BOX 1765/6929 HWY. 70 E
NEWPORT, NC 28570
NC UNLIMITED LICENSE # 31262
[phone] FAX [phone]
December 14, 1997
Mr. Rick Shiver, P.G.
Regional Supervisor
127 North Cardinal Drive
Wilmington, N.C. 28405
RE: Response to Notice of Recommendation for Enforcement
Stormwater Application #SW8 970855
Dear Mr. Shiver,
Please let me begin by informing you that I was a bit confused upon receipt of the
Notice of Recommendation for Enforcement I received from your office. I have
reviewed my files and spoke with my engineer, Paul Wysocki with Down East
Engineering, and the following is an explanation of the events which led to my "failure"
to respond.
In August of this year, I had become in violation with the Department of Health
and Natural Resources (see enclosed letter dated August 21, 1997, Project # 970825CA).
As a result of the violation, I received a letter from Linda Lewis requesting a Stormwater
Management Permit SW8 970855. I believe we failed to apply with your office at that
time. Please feel free to verify with Janet Paith, with the Division of Land Quality, that
approximately eighty-five percent of the land disturbed has been running through the
detention pond and a "forebay" had been installed at the head of the detention pond. I
assumed, through the enclosed correspondence, that I was in touch with the proper
authority.
In an attempt to solve a heavy equipment road access problem experienced by my
business relocation, and in the process of completing the sedimentation and erosion
control plan, I began by writing a letter to Jimmy Blanton with the Department of
Transportation (see enclosed letter dated August 29, 1997). Please note that copies were
sent to the other agencies involved. Mr. Wysocki was informing me that the retention
pond area and the road proposals needed to work hand in hand. Never -the -less, the plan
was completed with the proposed road drawn in and the pond was engineered to the
existing conditions.

I.
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I had called Mickey Suggs with the Corps of Engineers to discuss the road access
problem and he sent the proper applications for Permits 14 and 18. This led to contact
with Eric Fleek at Wilmington's Division of Water Quality Certification Program
(DWQ9970810). He in turn informed me that he was following up on an anonymous
complaint and was familiar with the project (see enclosed letter dated November 14,
1997).
Included in this letter are copies of the correspondence reflecting my efforts to
comply. These are letters from: Janet Paith, Division of Land Quality (see enclosed
letter dated September 22, 1997), Charles Jones, Division of Coastal Management (see
enclosed letter dated October 8, 1997), Daniel Sams, Division of Land Quality, (see
enclosed letter dated October 21, 1997) and John Dorney, Department of Water Quality
(see enclosed letter dated November 19, 1997). These letters led to my asking
permission of the U.S. Forestry to continue the proper steps in researching my plan (see
enclosed letter dated December 1, 1997).
1 personally met with Eric Fleek and Pete Colwell on November 12, 1997, (letter
previously referenced) to verify the corrective actions following a anonymous call
concerning DWQ and to further discuss the plan to include the Town of Newport and the
DOT.
I never intended to omit the notification or application for the permit. I was
under the assumption that I was in contact with the proper authority. I realize this is no
excuse for my ignorance of pioneering experiences with the environment.
Upon receipt of the Notice of Enforcement, I immediately called Ms. Lewis'
office on Monday the 8th. I was put through to her voice mail which informed me she
would be out of her office on Tuesday the 9`". Ms. Lewis returned my Monday call on
Wednesday the 9`h and explained to me the difference of the offices. On Friday the 12a' I
received a copy of Administrative Code Section 15A NCAC 2H .1000. 1 understand,
according to Ms. Lewis, that Mr. Wysocki has been in contact with Ms. Lewis'
supervisor since I received the Notice to correct any and all actions as soon as possible.
Please realize I innocently overlooked the stormwater application. It was only
through reviewing my records and conferring with Mr. Wysocki, since I received the
Notice, that 1 realized my error. 1 will have the application and two copies of the plan in
the mail to your office no later than December 19, 1997.
Sincerely,
Bill Boulia
enclosures
cc: Katrina Marshall, Carteret County Building Inspections
Linda Lewis
N

.• ,. J ' t i- a .f:• .. ♦1.
1 .1)ij r r r � ' �! �+r . rl . I• rl .k r i.

"State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
James B. Hlunt, Jr., Governor
Wayne McDevitt, Secretary
August 21, 1997
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED M IL P 057.082 9-5
RETURN RECEIPT REQUESTED
Boulia Enterprises
Mr. Boulia
P.O. Box 1765
Newport, NC 28570
Project Name: Boulia Enterprises
Project No: 970825CA
Carteret County
Dear Mr. Boulia:
On August 15, 1997, personnel ofjthis office inspected a project located Hwy 70 in Newport
in Carteret County, North Carolina. This inspection was performed to determine compliance with the
North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing
activity of approximately 5 or more acres being conducted.
It is our understanding that you and your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the Act,
NCGS 113A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that
you are not responsible for the following violations, please notify this office immediately.
The violations that were found are:
1. Failure to file and erosion and sedimentation control plan with this office at least 30 days prior
to beginning a land -disturbing activity on a tract comprising more than one acre, when more
than one acre is to be uncovered, failure to secure this office prior approval of the plan for any
land -disturbing prior to beginning the land -disturbing activity. NCGS 113A-57(4) and 15A NCAC
413.0007(c).
A land disturbance greater than one acre has occurred without an approved erosion and
sedimentation control plan.
An acceptable erosion and sedimentation control plan must be filed with and approved by this
office an implemented on the site sufficient to prevent off -site sedimentation. Temporary
measures must be provided immediately to control erosion and prevent sedimentation damage.
Any additional land disturbing activities conducted without an approved erosion and
sedimentation control plan will constitute additional violations of the Act. We will notify you
127 Cardinal Drive Extension, Wilminglon. N.C. 28406.3845 • Telephone 910-395,3900 • Fa:910-350-2004
An Equal Opporlunity Affirmative Aclinn Employer

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. llunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
August 27, 1997
CERTIFIED MAIL 7 177 310 303
RETURN RECEIPT REQUESTED
Mr. Boulia
Boulia Enterprises
P.O. Box 1765
Newport, NC 28570
Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Boulia Enterprises
Stormwater Project No. SW8 970855
Carteret County
Dear Mr.Boulia:
On August 21, 1997, the Wilmington Regional Office received a copy of the Notice of
Violations of the Sedimentation Pollution Control Act for Boulia Enterprises. The North Carolina
Administrative Code requires any project that must receive either a Sedimentation and Erosion
Control Plan permit and/or a CAMA major permit to apply for and receive a Stormwater
Management Permit by the Division of Water Quality. Any construction on the subject site, prior
to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result
in appropriate enforcement action by this Office.
Either a Slorruwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than September
27, 1997, or the subject project file will be closed and construction may experience a subsequent
delay. Please reference the Project dumber above on all correspondance. If you have any
questions, please call me at (910)-395-3900.
S i ncerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATISTORMSUB1970855.Aug
cc: Gary Yeomans, Carteret County Inspections
Linda Lewis
Central Files
127 Cnrdinnl Drive Fxlcnxion, Wihninglon, N.C. 211405-3845 • Tcicphnne 910-395-3900 • Fax [phone]
An Ect+rol Opportunity Affirmative Action Fanployer

Boulia Enterprises Inc.
PO Box 1765
Newport, NC 28570
NC Unlimited License # 31262
[phone] Fax [phone]
IVIr. Janes Blanton
DOT Supervisor
Masontown Road
Newport, NC 28570
[)car Nir. Blanton,
RE- Highway 70 Access
August 29, 1997
Thank you for taking the tune to speak with me in order to assist me in resolving
my Highway 70 access problem. I have a great need to be able to make a 90 degree turn
directly onto and off of my property in order to avoid driving my heavy equipment and
trailers through the city of Newport. Presently, a U-turn cannot be made from the main
stoplight or any other access on Highway 70. In order for my equipment and vehicles to:
enter my property on the last bound lane, from the West bound lane, we must first
turn right from 70 West to "Old 70" through the town, taking a left onto Howard
Blvd. and turning left at the main stoplight,
enter the West bound lane from my property, we must first exit my existing driveway
heading F--ast, turn at Robert's Road, and follow the same path described above,
turning right at the main stoplight.
After thorough discussions with my engineer, who is developing the site plan for
the DE-HNR, we have come up with the following two requests:
IIEQUEST UI:
Permission to access the Highway from my property to llte existing turnaround.
Please realize the natural lay of the land does not allow a 367' culvert pipe to be installed
in the same parallel location as the others on Highway 70, In my opinion, the culvert
pipe should be installed in the area ofthe National Forest and I3oulia property lines. This
step would allow an unnecessary straightening of existing ditches. I am trying to disturb
as little as possible to cross over any areas protected by the state and comply with all
governing rules. My erosion control plan cannot be complete without this future safety
problem resolved.

Please be aware that 1 have sent, on August 27, a request to Dennis Foster with
the National Forestry, a request for recommendations on how I could
access/cross/purchase or trade a small triangular section on the map provided as
Reference 4 1.
REQUEST #2
To move the existing turnaround to the front of my existing driveway.
«will be anxiously awaiting your resporise.
Sincerely,
Bill Boulia
President
CC Janet Paith, DEHNR
Bob Chambers, Newport Building Inspector
Mickey Suggs, Corp of Engineers
Dennis Foster, National Forestry

State of North Carolina
bepatthieht bt Environment;
Hbalth, tend Natural Resources
W)l6hIngton Pleglonal Office
bivisloh of Land Resources
Land Quality Section
James S. Hunt, Jr., Governor
Wayne McDevitt, Secretary
September 22, 1997
NOTICE OF RECEIPT OF EROSION & SEDIMENTATION CONTROL PLAN f �
Boulia Enterprises .�
Mr. gill Boulia, Owner
P.O. Box 1765
Newport, NC 28570
Dear Mr. Boulia: s•s
3
This office has received a soil erosion and sedimentation control plan for the project listed below which
was submitted as required by the North Carolina Sedimentation Pollution Control Act (NCGS 113A-57(4}).
r4x.1 fi .F r. e. w ,.. ;�:`. r rd,}•.r4L; ' &T
Please be advised that this Act requires that all persons disturbing an erea of one orimorb acres of land,
must obtain approval of a soil erosion control plan prior to the commencemaht of said land-disturbing activity-i
INCGS 113A-54(40)1. The Act further states that this plan must be filed a minimUm of 30 days prior to the°
activity and the approving authority must approve or disapprove the subi-iittgd'pldn Withiri 30 dgys of receipt:�r ,_'i
Failure of the approving authority to approve or disapprove the submitted plan within'the.,30 day period will
bd deehied approval of the plan if the submitted plan is complete. Commencement ar continuation of a land-
disturbing activity under the jurisdiction of this Act prior to the approval of dh drosidii and sediment control V.
plan is a violation of the Act:
We have performed a preliminary review of your submitted plan and have determined that additional
information will be necessary before a final review can be completed. Enclosed ,i's,a_Checkli, t of items that
trust be submitted before we can_complete the review process. Failure to provide the additional information i
may result in disapproval of your plan. '
If you have questions or need additional information, please do not hesitate to contact this office: , Your .;'st
cooperation in this matter is appreciated and we look forward to iiWbl•king with you on this project: • :;
S' ce ely ' .. , • .. ,
i c t�
an t L. Paith - {
Environmental Technician
JLPldbd ' }
cc: Paul Wyseki; Down East Engineering Services, Inc.
PROJECT NAME: Boulia Enterprises, Inc.
PROJECT NO.: 970825CA
LOCATION: Hwy 70 East In Newport - Carteret County
RIVER BASIN: White Oak L`
SUBMITTED BY: Down East Engineering
DATE RECEIVED BY t-.a.S.. September 16,1997
• r.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]
An Equa! Opportunity Affirmative Action Employer

I
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 14, 1997
Carteret County
l)WOff 970810
Mr. trill Boulia
P.O. Dox 1765
Newport, N.C. 28570
SUBJECT: COMPLIANCE i,VALUATION INSPECTION
Boulia Enterprises, U.S. 70 Fast
lacer Mr. Boulis:
On September 26, 1997 1 conducted an inspection of your project based on an anonymous
complaint. Tllis inspection revealed that a small portion of wetland area adjacent to your retention pond
was becoming buried from sediment running off the pond's dike. In addition, a sediment fence was placed
sonic 30-40 feet into die wetland area from the toe of the dike,
Ili a subsequent phone conversation wide Mr. Mickey Sugg from the U.S. Army Corps of
Engineers (USAC013), it was determined that due to prior impacts on this site you were required io place
the silt fence on lie loe of the retention pond dike. This action was necessary to prevent sediment from
entering the wetland. After this conversation, I spoke to you brielly about die findings of my inspeclioei and
die requirements of Ilic USACOI . You assured we ihat the corrective actions had been completed and
invited nic to stop by and document the results.
On November 12, 1997 Mr. Pete Colwell and myself visited your project and vcriried your
corrective actions. In addition, we talked at length regarding the need fora wetland determination to be
made along the portion of your proposed road corridor, On the morning of November 13, 1997 1 called
Mickey Sugg and spoke to him regarding the need for n wetland delineation at this site to determine lie
Welland impacts for the road. He said he would soon place a call to you to arrange a site visit. As 1
tnerttioncd, since this wetland impacl information was not available This project will have to be placed on
hold until lie required welland information is subrnilted. You should be receiving a letter to this effect
shortly. Once the information is received by this office the miller of your 401 Waler Qualify Certilicatioh
should b c inken care of quickly.
11' 1 can he of further assislalice please Feel free to call meal [phone].
Sincerely,
•r��lr
Eric 1), Meek
Water Quality Certilicalion Program s r Js
Cc: Joanne SICC]Ilinis, 1)WQ Wiltninglon Regional Office
IJSnCOI, Wilminglon Field Office.
^mot
Environmental Sclencn Branch - 4401 Reedy Creek Road Raleigh; North Carolina 27607J,',
Telephone [phone] FAX if 733-9959
An Equal oppodunity Affirmative Actlon Employer 50% recyde&10% pas! consumer paper }

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director October 8, 1997
Bill Boulia enterprises, Inc.
P.O. Box 1765
Newport, NC 28570
s4 iwrlk s�`ri+ 9J" `
..:61::i...,.,.ri+i+Mln.. sf''tl— ,,v ud:`� .c+r :.,,, k•,M�
RE: Nationwide Permit Application for an activity located in Carteret County.
Dear Sir or Madame:
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated September 12, 1997 pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
consistent with the North Carolina Coastal Management Program provided the following conditions are
met:
The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21,
24, and 34 which were found inconsistent with the North Carolina Coastal Management
Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Water Quality.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit
requirements are met prior to implementation of the project. Please feel free to contact me at (919) 808-
2808, if you have any questions or need further assistance.
Sincerely,
Charles S. Jones
District Manager
cc: Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
H-7stron Plaza 11, t518, Highway 24, Morehead City NC 28557 Telephone [phone] fax [phone]
An Equal Opportunity Affirmative Action Employer 5096 Recycled / 10% Post-Conetuner Paper

1
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
James B. Hunt, Jr., Governor
James McDevitt, Secretary
October 21, 1997
LETTER OF APPROVAL
Boulia Enterprises
Mr. Bill Boulia, Owner
.i t'
P.O. Box 1765 T
Newport, NC 28570
Project Name: Boulia Enterprises, Inc. T. f
Project No.: 970825CA
4
Location: Hwy 70 East in Newport -'Carteret' County;
River Basin: White Oak Rd'
Submitted by: Down East Engineering,
Date R 1 1 at Received: October r ec ed: cta a 0, 997 -•`'
Revised Submittal
Dear Mr. Boulia: ` ,
:;
This office has reviewed the subject sedimentation and erosion control plan: _We find 'the plan to be;:
acceptable and hereby issue this letter of approval with comments as attached. j
a ,
Please be advised that Title 15A, of the North Carolina Administrative Code, 4B:00i 7(a} requires tFiat
a copy of the approved plan be on file at the job site. Also, you should consider this fetter to give the Notice':
required by GS 113A-61(d) approved plan. The last page(s) which lists-appr,oyal Golmmenis jhoj,IJsj be coyZied_,-`'
i1j]d at led to the sedimentation and erosion control plan that is maintained, on site.
North Carolina's Sedimentation Pollution Control Program is performance oriented; requiring protectiori
of the natural resources and adjoining properties. If, following the commencement of this project,' it is ­_
determined that the erasion and sedimentation control plan is inadequate to meet the requirements of
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 1 13A-5i thru.66), this office
may require revisions to the plan and its implementation to insure compliance with the Act '
Recognizing the desirability of early coordination of sedimentation control, we believe that it would be
beneficial if a pre -construction conference could be arranged to discuss the approved plan for this project: ; 4.
Please contact this office and let us know the date of construction start-up and the date of pre -construction,:,,,.`'
�Yf
conference so that we may attend.
We look forward to working with you on this project. If you have any questions, please contact our `-�
office.
Sincerely,
t<:
Daniel Sams, E.
Regional Engineer
DESldbd
cc: Paul Wyseki; Down East Engineering Services, Inc.
WiRO-t_OS
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax 91i0-350-2064—
An Equal Opportunity Affirmative Action Employer;
. r,

Mr. Boulia
August 21, 1997
Page Two
following our review of the plan if additional measures are required.
To correct these violations, you must:
Immediately control erosion and sedimentation, especially Into wetland areas.
2. Submit an erosion and sedimentation control plan to the Land Quality Office.
Please be advised that if these violations are not corrected within 30 days of receipt of this
notice, the Director, Division of Land Resources, will be requested to take appropriate legal action
against you pursuant to NCGS 1 13A-64. That action could be the assessment of a civil penalty and
the amount may be up to $500 per day for each day of the violation. The penalty may be assessed
from the date of your receipt of this Notice of Violation. (15A NCAC 4C.0007). If these violations
are corrected within the time period specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project must not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so the work can be inspected. You should not
assume that the property is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in proper working order until development is complete
and the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act. Copies
of the relevant statute and administrative rules may be examined at this office or will be sent to you
upon request. Should you have questions concerning this Notice or the requirements of the Act,
please contact either Janet Paith or me at your earliest convenience.
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,
I
Daniel Samg; P: v/
Regional Engineer
DES/JLP/dbd
cc: Sedimentation Specialist
WiROUIS
Entlasurs: Inspection Repert

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 19, 1997
Mr. Bill Boulia
Bill Boulia Enterprises
Post Office Box 1765
Newport, NC 28570
Dear Mr. Boulia:
Re: Bill Boulia Enterprises
Carteret County
DWQ # 970810
The Division of Water Quality has reviewed your submittal for a 404 permit for
Newport, Carteret County. Your application was not complete since you have not
delineated the wetlands you plan to impact on the National Forest Service property. We
understand that the Corps of Engineers will soon visit the site for this purpose. This
information is needed by DWQ in order for us to decide whether this modification is
practicable.
I can be reached at 733-1786 if you have any question. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project
on hold.
Sincerely,
JJ�oIR. Dorney
r Quality Certificati n Program
cc: Wilmington DWQ Regional Office
Wilmington District of Corps of Engineers
Wilmington Field Office Corps of Engineers
Central Files
970810hld
Division of Water Oualily • Non -Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

r / / / L,
4V � /
BOULIA ENTERPRISES INC.
PO BOY 1765/6929 FIWY, 70 E
NEWPORT, NC 28570
NC UNLIMITED LICENSE # 31262
[phone] FAX [phone]
December 1, 1997
Mr. Dennis Foster
US Forestry
142 17-asl Fisher Road
New Bern_ NC 28560
RE: Permission For Corps o!' Engineers To Delineate Property
6919 1 HAiway 70 East
Deer Mr. Foster,
While Nve were preparing the enclosed application, we received the attached
letter. The Division of Water Quality is requesting that the Corps of Engineers delineate
the Forestry property in question. We contacted Mickey Sues, our Corps of Engineer
representative, and requested that lie deiineate the lorestry property. Mr. Suggs would
like something from you in writing giving us permission to take the necessary steps
toward road encroachment prior to his delineation.
We appreciate your prompt attention to this matter.
Sincerely.
Bill 1301.1lia, 1'resident
enclosures

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office -
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
November 25, 1997
CERTIFIED MAIL Z 312 636 743
RETURN RECEIPT REQUESTED
Mr. Boulia
Boulia Enterprises
PO Box 1765
Newport, NC 28540
/ • •
NCDENR -
NORTH GAROLMA OF-PARTMENT OF
ENvjRONMENT AN6 NATURAL RESOURCES
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
.Boulia Enterprises
Stormwater Permit Application No. SW8 970855
Carteret County
Dear Mr. Bouila:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering
sending a recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the violation of North Carolina General Statute 143-215.6A (a)(4); Failing to submit
requested information pertaining to a required permit. You have failed to respond to a request for a Stormwater
Management Permit Application made on August 27, 1997.
If you have an explanation for this violation that you wish to present, please respond in writing to me within
ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still
deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any questions concerning this matter, please contact Linda Lewis at [phone].
Sincerely,
�� ( C (Z S �-A 1 c � (-
Rick Shiver, P.G.
Regional Supervisor
RSSaarl S:1WQSISTORMWATIENFORCE1970855-NOV
cc: Katrina Marshall, Carteret County Building Inspections
Bradley Bennett
Linda Lewis
tW iJmington: Regiona]-Office
Central Files
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Bunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
August 27, 1997
CERTIFIED MAIL Z 177 310 303
RETURN RECEIPT REQUESTED
Mr. Boulia
Boulia Enterprises
P.O. Box 1765
Newport, NC 28570
Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Boulia Enterprises
Stormwater Project No. SW8 970855
Carteret County
Dear Mr.Boulia:
On August 21, 1997, the Wilmington Regional Office received a copy of the Notice of
Violations of the Sedimentation Pollution Control Act for Boulia Enterprises. The North Carolina
Administrative Code requires any project that must receive either a Sedimentation and Erosion
Control Plan permit and/or a CAMA major permit to apply for and receive a Stormwater
Management Permit by the Division of Water Quality. Any construction on the subject site, prior
to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result
in appropriate enforcement action by this Office.
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than September
27, 1997, or the subject project file will be closed and construction may experience a subsequent
delay. Please reference the Project Number above on all correspondance. If you have any
questions, please call me at (910)-395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATISTORMSUB1970855.Aug
cc: Gary Yeomans, Carteret County Inspections
L� L-ewis�
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 • Tekpbone 910-395-3900 a Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina`s°''�~ ;
Department of Environment,
Health and Natural Resources
Wilmington Regional Office 4 �'
Division of Land Resources
Land Quality Section
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary . y
August,21, 1997 °
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CEBTIF�MAIL P 057 082 957
RREJURN RECEIP-TRI QUES_TED
Boulia Enterprises
Mr. Boulia
P.O. Box 1765
Newport, NC 28570
Project Name: Boulia Enterprises
Project No: 970825CA:
Carteret County -
Dear Mr. Boulia:
On August 15, 1997, personnel of this office inspected 'a project located Hwy 70 in Newport
in Carteret County, North Carolina. This inspection was performed to determine compliance with the
North Carolina Sedimentation Pollution'Control Act of 1973. The inspection revealed a land -disturbing
activity of approximately 5 or more acres being conducted.
It is our understanding that you and your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the Act,
NCGS 113A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that
you are not responsible for the following violations, please notify this office immediately. .
The violations that were found are:
1. Failure to file and erosion and sedimentation control plan with this office'at least 30 days prior
to beginning a land -.disturbing activity on a tract comprising more than one acre, when more
than one acre is to be uncovered, failure to secure this office prior approval of the plan for any
land -disturbing prior to beginning the land-disturbing'activity. NCGS.113A-57(4) and 15A NCAC
48.0007(c).
A land disturbance greater than one acre has occurred without an approved erosion and
sedimentation control plan.
An acceptable erosion and sedimentation control plan must be filed with and approved by this
office an implemented on the site sufficient to` prevent off -site sedimentation. Temporary
measures must be provided immediately to control erosion and prevent sedimentation. damage.
Any additional land disturbing activities conducted without an approved erosion and
sedimentation control plan will constitute additional violations of the Act. We will notify you
127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 e' Telephone DM395►3900 • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Wr Boulie r
' -August 7. • . .. .
I age•Two r F.
T , following our review of the plan if additional measures are required.
' - T .'.. •r.�, .'these violations;, you 'must
• .. .r o correct - -
,,y t r -y yv.,r `F' ,,�.ai�'� x:•. 'r': :y 'x'i a ..
' 3 :1 , Immediately contiol eros.!on and sedimentation, especially into wetland areas
j 2 + Submit an erasion and sedimentationrcontrol plan to the Land Quality Off,ce .
Please be' advised that If these violation`s' are not corrected within 30 days of�receipt of this r
>' r notice, the Dlrector;`Division.of. La'rid Resources,.- be requested to take appropriate legal action
, -•r .. .• .. - 'ems• - ga
{against you 4pursuant�to NCGS 113A=64:,:.Ttiat':action•could be the assessmerit"of a civil penaltty.andyt
_.the amount maybe up.to,$500"per day'for each.day bf the "violation ,The penalty maybe: assessed] , {:;
from'tha date'of your receipt of this Notice of�Violation:.{15A�NCAC.4C.0007) .; If,these violationsra ; < r
1 - - t • f . Y*:,�-r6 y. , . ,- •.. r..-,. 'r_,x`r _ r' i,.S^... lati•-
F. are corrected within the tlrrse periodapeclfied for compliance, no further legal action"will be pursued
• ,y 'ry },, � f�r"ir ;;1.;'� li r'1 J i + i.- a 7,�," - - �.:: s'-^.r ti • .•.. ' - A _•�'.: '. _ •' _ •.+ k •t,-, � '�1' ✓•
Please be advised that any. new Iand-disturbing activify associated with project'must`hot.
begin until the aiea 'p esently disturbed is brought into compliance with the Act ,When 'ciir'rective'
�.,.. r. _, _ ,t.• t .
actions°are complete, you should notify this office so the work can' be inspected:You should'not
assume ti�at.the'"property is in, compliance with'the.�Act until we have notified you.. After installa-tion,l­
all erosion -control measures must be maintained in proper workingorder until development incomplete
and the'site is`completely stabilized.'^ r _
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the, Act.'' Copies
of the relevant statute and administrative rules may be examined at this office or will be sent to you
uponrrequest..­ Should`.you Have ,questions concerning this Notice or the requirements of the Act,
pleas "contact either -Janet Paith or me at your. earliest convenience.
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely.
Daniel Sams,
Regional Engineer
DES/JLP/dbd
cc: Sedimentation Specialist
YlfdiQ•LQS.
Enclosure: Inspection Report
4

1. . 4k

Division of Wafer Quality
MEMO Date
To: r (.- k A I/ a r ' Subject: D D - 00 9
�T `'4
- r-4 - . N5�?
r,:Z� -
$Y�17 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] /AAFax- 919 733-2496
R
NCDENR
North Carolina Department of Environment and Natural Resources

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 1 1970 14 � q County: a "
Notification of Unauthorized Activity/Permit Noncompliance
Responsible Party E rJet ?? : s45 _ 610, 41*& 130U 1,4
Address _ P? + 04,ce T3ex 1765 _ Ain't r� _
Newc�sr�- , N� ass 7� `' e`�: �
Telephone Number C�I�) a 3 _ o� i �a v P
Size and Location of Property (include waterbody, highway name/number, town, etc.)
�i14; ert.� �e 4�6 weJe f 70
8 W/ ,2
Description of Unauthorized Activity/Permit Noncompliance
.� �� 41 1L, �,� C I� � L ,_ � 5 7�L�A� ..S.y�• W��"I GtnLKS � �i(GL'�-!1_. Tom_ .
eqv 29 t ".4 e�,�
Indicate which of the following apply:
JUn"cuthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit Clean Water Act, Section 301 (33 USC 1311)
Unicss you haven Department of the Army permit for the above- described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army permit. Any further unauthorized work in waters or wetlands will be considered intentional
violati f federal law.
i • you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. I you continue to work -in waters and wetlands without the
equ�rcd aut �or�rat�on, an or tail to perform the requested remedial action. the Corps will take further
:idniinistrctive action, and may request the U.S. Attorney to file suit against you. If you need further information
about the Corps of Engineers regulatory program, please contact
Remedial Action Requested I j I �4{jL, �G[{•, 1 I I-��+e
,Y -i—IGG_S , (,4 K 4n Fi(��cc
,� uhlK a 7Pr G.n r Y] � Q12`av
1
Your signature acknowledges receipt of this notification.
Property Owner(Responsible Party Signatur
Project Manager Signature
Date 1!-
DENR - QIJ tlrY
%VE, TLAN1) 1)ELiNEATION F0IZN1 MUST ItEATTACH ED TOTI I YELLOW (F

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DEPARTMENT OF THE ARMY
r WILMINGTON DISTRICT, CORPS OF ENGINEERS
L P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
June 12, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199704284
Boulia Enterprises
c/o: Mr. Bill Boulia
Post Office Box 1765
Newport, North Carolina 28570
Dear Mr. Boulia:
Please reference our February 14, 1997, correspondence, regarding the
wetland restoration efforts for the unauthorized excavation and discharge of.
excavated material on your property west of Highway 70, approximately
0.2 mile south of intersection with SR 1124, adjacent to the Newport River,
Ne°.apart, Carteret County, North Carolina. Also, please -reference my
June 3, 1997, follow-up inspection of the restoration work.
The follow-up inspection revealed that all agreed upon restoration has
been satisfactorily completed. Accordingly, no further legal action will be
taken in this matter and our file will be closed as of the date of this
letter.
Pursuant to Section 404 of the Clean water Act, prior Department of the
Army (DA) authorization is required for any discharge of dredged or fill
material into waters and/or wetlands located on the property. Any additional
unauthorized activity in jurisdictional wetlands may result in immediate
referral to the U.S. Attorney for civil prosecution.
Thank you for your time and cooperation in resolving this matter in
compliance with the law. 1f you have any questions about this, or any related
matter, please do not hesitate to contact me at telephone [phone],
Sincerely,
III' Sugg
,egu atory Sp cialist
'Wilmington Field Office
I. � � I �.. � l'.s � :"lY.i,�I� L�!',��,I.� ��,t :i 1�.�_ i•, �i.�,S1 /.61.�.�L.' ��.ri''11i:.��
J'

State of North Carolina
Department of Environment,
Health and Natural Resources r44JO-
Division of Water QualityA!
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary E N
A. Preston Howard, Jr., P.E., Director
Mr. Bill Boulin
P.U. Box 1765
Newport, N.C. 28570
November 14, 1997
Carteret County
DWQ# 970810
0
SUBJECT: COMPLIANCE EVALUATION INSPECTION
Boulia Enterprises, U.S. 70 East
Dear Mr. Boufin:
On September 26, 1997 1 conducted an inspection of your project based on an anonymous
complaint. This inspection revealed that a small portion of wetland area adjacent to your retention pond
was becoming buried frorn sediment running off die pond's dike. In additions, a sedirncnt fence was placed
same 30-=40 feet into the wetland area from the toe of tic dike.
In a subsequent phone conversation with Mr. Mickey Sugg from the U.S. Army Corps of
Eneinecrs (USACOE), it was determined that due to prior impacts on this site you were required to place
the silt fence on the toe of the retention pond dike. This action was necessary to prevent sediment from
cntering dte wetland. After this conversation, I spoke to you briefly about die findings of my inspection and
the requirements of the USACOF, You assured rrtc that die corrective actions had hLcn completed and
invited me to stop by and document the results.
On Novcmher 12, 1997 Mr. fete Colwell and nnvself visited your project and verified your
corrective actions. In addition, we talked at Ienatlr regarding the need for ,i wetland dcierininauon to be
made along Ilse portion 01 your proposed road corridor. On die morning of November 13, 1997 1 called
Mickey Suoc and spoke to him regarding Ole need for a wedmid delineation at this silc to dctcrmine iltc
wetland impacts for the road. IIc said he would soon place a call to you to arrange a site visi(. As I
mentioned, since this wetland impact inlorrntaLon was not availahfc this project will have to be placed on
]told until lie required Weiland information is submitted. You should be receiving a letter to this effect
shortly. Once the information is received by this office the matter of your 401 Water Quality Certification
should be taken care of'quickly.
If' I Can I)c of further assistance please feel Irce in call me at [phone].
Sinccrelv,
Eric 1). neck
Water Quality Certification Program
Cc: Joanne Siccnhuis, DWQ Wilmington Regional Oflicc
USACOI , Wilmington Ficid 01 icc
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX [phone]
An Equal Opportunity ANIrmative Action Employer 507E reryele&ION poet consumer paper

FAXED
Sy DATE
BOULIA ENTERPRISES INC.
PO BOX 1765/6929 HWY. 70 E
NEWPORT, NC 28570
NC UNLIMITED LICENSE # 31262
[phone] FAX [phone]
MEMO
TO: Don Jovice
DATE: 10/29/97
RE: Ouote for Metal Material Equal to the Concrete Specifications
Please quote the following. -
To build the following piping out of metal and
provide manufacturer specifications for
engineer approval.
(See following drawing specifications.)
You were recommended to us by Bill Blackman of Sunland Developers.
Please send application information to us so we can set tip an account.
We look forward to doing business with you.
Thank you,
Bill Boulia
Pate I of 2

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FAXF
BY �Irf DATii
BOULIA ENTERPRISES INC.
PO BOX 1765/6929 HWY. 70 E
NEWPORT, NC 28570
NC UNLIMITED LICENSE # 31262
[phone] FAX [phone]
November'), 1997
Attention
Eric,
Eric Fleek
NCDWQ
Per our conversation this morning, following you will find a copy of
the map Nve discussed. If need be, l can mail you an l I X 17. Please let me
know.
Thank you;
Bill Boulia
C�

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BOULIA ENTERPRISES INC.
PO BOX 1765/6929 HWY. 70 E
NEWPORT, NC 28570
NC UNLIMITED LICENSE # 31262
[phone] FAX [phone]
November 8, 1997
Dear Paul,
FAXED
BY DATE
i�
I apologize for any miscommunication on the fax dated 10/31/97. To this date, I
realize that we've gone through a lot, but we have succeeded in avoiding any possible
Fines. The letter of approval has opened my eyes and the need to get in compliance with
the "Approval Comment and Conditions" statement is still on a structured time frame. I
am in the need of the following.
On 10/10/97, you completed and turned in an erosion control plan which was
approved on 10/21/97. During that time, we discussed the pipe size for drainage which
was missing from the plan, and the relocation of the building in relation to the
drainage/pipe and the sewer pipe being located to the front of the buildings. What is your
projected date of completion on this?
Referencing the letter of approval, 48 of "Approval Comments and Conditions"
states the necessity of getting the pond and its collection system installed before any
grading can commence. With this in mind, on 10/31/97, we sent a fax for your approval
from Pomona Pipe Company. Will this pipe meet our specifications, and, if so, please
approve it in writing. It will take 3 - 4 weeks to receive this pipe, if ordered immediately.
l have realized that this site preparation, piping and grading is going to require 2 - 3
months if I begin right away.
Janet Paith , from DEHNR will notify me within the next ten days with a specific
time as to when she will be in the area. As soon as she notifies with me with a time, I
will contact vou, to allow for discussion of the approved plan, start and finish dates, and.a
pre -construction conference. I would like to have the original approved plan for the
proper authority to sign off or on from the DEHNR. If this is not necessary, I would like
the original for my records, at vour earliest convenience.
VA timely response to these matters would be greatly appreciated.
Bill
0

State of North Caroiina
Department of Environment,
Health and Natural Resources ,
Division of Water Quality
ft 4M
;)
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary ID FE F1
A. Preston Howard, Jr., P.E., Director
November 14. 1997
Carteret County
DWQ# 970810
Mr. Bill Boulia
P.O. Box 1763
Ne:,.Tport, N.C. 2S570
SUBJUCT: COMPLIANCE EVALUATION INSPECTION
Boulia Enterprises, U.S. 70 East
Dcar Nfr, 13ouka:
On Sepicmbcr 26, 1997 1 conducted m inspection of your project based on no anonyanous
complaint. This inspection revealed dint a small partsort of wedaind area adjacent to your retention pond
was becoming buried from sediment running off the pond's dike. In addition, a sediment fence was pkiccu
seine 30-40 fcct into the wctland :rca from die toe of Uie dike.
In a subsequent phone conversation with i'ir. Nlickev Sugo Gom the U.S. Army Corps of
Engineers (USACOE), it was determined that due to prior impacts on this site you were required to piacc
ale silt fence on die toe of the retention pond dike. This action was nccess:ry to prevent sedirnen[ from
entering Urc wetland. Alter Utis conversation. I spoke to you briefly about the Iindinus of my inspection and
die requirements Ofthe USACOF_, You assured me Ulm the corrective actions had t=ccn completed and
invited me to stop by and UOcutncnt die results.
On Novc:nl:cr 12, 1997 Mr. !'etc Colwcll and myscif visited your project and vcrificd your
corcctivc actions. In addition, %vc talked at Icn,Ut rC°udint, dic need Inr ;i wedmid determination to I,)(:
made atic;ng Uic portion 01' your proposed roam corridor. On die morning of Nove[nber 13, 1997 l called
liickev Su flg and spoke [o hirn regarding the need for a wcdaiid delineation at Ulis site to detc.mine the
wed,ind impac,,s for the road. He said he would .soon piacc a call tn you to ni- igc a site visit. As I
mentioncd, since this wctlmld impact information .v,ts riot availnblC Ibis project will have to bt placed on
hold until the required wetland information is submitted. You should be receivine a letter to this effect
shortiv, Qncc dic information is received by this of[-icc the mat(cr of your -i01 Water Quality Certification
should he lakcn care of quickly,
11' 1 Cmi bC nl IUrlhcr nssist.ince picase fccl Irce to call me m (919) 733-17S6.
i'
Sinccrc!v.
Eric I]. !neck
Wafer Quality CCrtifiCZILiUll 1'7oeram
Cc: Joanne Steenhuis, DWQ Wilmington Regional Of(icc
USAC017, Wilmington field Cflicc
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX [phone]
An Equal Cpportunity Altlrmative Action E.70ayW1 $O% recyciea/10`t peal carmumw paper
u � .

BOULIA ENTERPRISES INC.
PO BOX 1765/6929 IIWY. 70 E
NEWPORT, NC 25570
NC UNLIMITED LICENSE # 31262
[phone] FAX [phone]
I;llttllll l .�. 1 QQ7 '
ilticililmi-: Pat11 Wvsocki t
R1:� Contact Milli Rick Shrive DWO
I have conlactcd Rick Shrive Ifom DWO concerning Illy response to the notice of
cnl,mcclncl:t. I le hroughl to illy atlentioll that he had not ti'et recelved the plans as I had-
Sl;ItC l lit: would ill 111v letter to hint dated 1)ecenlhcr 12"'. l le also irililrmed me that each
d;lY Visit Masses is a colilirlllc;d violation.
Mint is it realistic tinlc \ hen 1 can expect to rccelve the stormwater plan? We
illl_ficatccl 1)% cerliiicd letter. (tllroul;h Hour direction) that «'r: would lie mailing the }Mans
by I )cecnll,cr l qlh
1 ;1111 !�lllc vml Uncicl.St,nld iliv collcutls.
r,; SENDEH:
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� •C(1lnpintn Il el,is l all(llof 2 Ir]f adcSiliOngl SprVICn9.
I also wish to receive the
-Crnnrinln ilnrns 9. -in, and Ah.
following services (for an
■PTiol ynul nart,n anft adlfrnss on thn (Pvr!rsn of lhrs form in that we Lan relVfTl lhl3
extra lee):
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❑ Return Recelpl for Morchandse ❑ COD
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7. Dole of Delivery
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8. Addressee's Address {Only If reqJosted
and fee is paid)
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Domestic Return Heceipt