20100506 Ver 1_Notice of Violation_20120423

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
April 23, 2012
CERTIFIED MAIL 7010 0290 0003 0834 SSS8
RETURNED RECEIPT REQUESTED
Robert F. Youngblood Construction Co.
Attn: Robert Youngblood
PO Box 398
Atlantic Beach, NC 28512
Subject: Notice of Additional and Continuing Violation
401 General Certification DWQ 2010 -0506
401 Conditions Violation
Wetland Standards Violation
Kingsbridge on Queens Creek Lots 4 -8, Section 7A
Swansboro, Onslow County
Dear Mr. Youngblood:
On July 20, 2010, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification under
the General Certification No. 3821 (DWQ # 20100506) which corresponds to the Section 404 Nationwide
Permit No. 18 issued by the US Army Corps of Engineers (USACE) on July 19, 2010. The Section 404
Permit and corresponding 401 Certification authorized the discharge of fill material into 0.09339 acres of
jurisdictional wetlands and 71 linear feet of intermittent stream to access high ground for the purpose of
constructing a subdivision road crossing and bank stabilization.
On April 17, 2012, Joanne Steenhuis of the Division of Water Quality, Wilmington Regional Office and
David Bailey of the US Army Corps of Engineers conducted a routine site inspection of Kingsbridge on
Queens Creek project located off East Ivybridge Drive, adjacent to Queens Creek, near Hubert in Onslow
County. We met you at the site and you accompanied us during our inspection.
As a result of the site inspection and file review, the following violations are noted:
Item I. 401 Water Quality Certification condition violations
Item II. Wetland Standard Violations
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6492
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarofina
Naturally

Robert F. Youngblood Construction Co. Inc.
Attn; Robert Youngblood
April 23, 2012
Page 2 of 3
Item I The Water Quality Certification conditions violations
General Certification #3821 (DWQ # 2010 0506)
Permit Condition:
(1) No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre - Construction Notification and authorized in the
written approval from the Division, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
The investigators found additional impacts beyond what had been permitted in the road crossing.
Fill had been placed beyond the footprint of the road crossing in the form of rip rap and a small
sediment basin. In addition to this, the investigators found impacts to wetlands through the use of a
haul road to access 142 East Ivybridge Drive to place fill material in a coastal wetland. These
impacts were not permitted in the 401 certification.
Item II Wetland Standards Violation
Concrete slabs were placed in wetlands to be used as a haul road to access 142 East Ivybridge Drive
in order to place fill material in coastal wetlands site which represents violations of the following
North Carolina wetland standard, which states:
15A NCAC 2B .0231(b) (1) and (5)
1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may
cause adverse impacts on existing wetland uses;
5) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
C) The chemical, nutrient and dissolved oxygen regime of the wetland;
D) The movement of aquatic fauna;
F) Water levels or elevations.
On December 30, 2010, the DWQ sent you a Notice of Violation (NOV) addressing additional wetland
impacts. The DWQ made an allowance for the storm that caused the road and driveway to fail causing
sediment accumulation in the wetlands. Other items addressed in the NOV have still not been resolved:
1) The DWQ has still not received a copy of the recorded deed notifications that was a permit
condition and as of the date of this letter the DWQ has no documentation that the deed
notifications have been recorded for the subject property.
2) The data for the NPDES General Stormwater Permit NCG 010000 has not been received. Per
request of this letter, Jean Conway of this office, will be inspecting your project to ascertain if
you are incompliance with the General Stormwater Permit and that the necessary inspections
are being conducted and records are being kept.

Robert F. Youngblood Construction Co. Inc.
Attn; Robert Youngblood
April 23, 2012
Page 3 of 3
Required Response
Accordingly, you are directed to respond to this letter in writing within 10 calendar days of receipt
of this Notice. Your response should be sent to both this office at the letterhead address and to the
Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617. Your response should include the following:
1. An explanation of why these impacts occurred and how this will be avoided in the future;
2. A date of when the additional wetland impacts beyond what was permitted for the road crossing will be
restored;
3. A copy of the recorded deed notification document to the DWQ;
Also include any additional items that the USACE required in your response.
The DWQ acknowledges that you called Ms. Steenhuis on April 19, 2012 to notify her that you had
almost completed the removal of the impacts from the haul road.
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be abated immediately. These violations and any future violations are subject to a civil penalty
assessment of up to $25,000.00 per day for each violation. Your above - mentioned response to this
correspondence will be considered in this process. Should you have any questions regarding these
matters, please contact Joanne Steenhuis, Jean Conway or myself at (910) 796 -7215.
Sincerely,
James H. Gregson
Regional Supervisor
Surface Water Protection Section
Enclosures: 401 Certification
GC 3821
NCG 010000
cc: Wetlands and Stormwater Branch — Ian McMillan
Compliance and Assistance Unit —Katie Merritt
Wilmington Corps of Engineers — David Bailey
LQS Wilmington — Karl Hammers
DWQ WiRO — Jean Conway
WiRO