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Home My WebLink About20090388 Ver 1_Notice of Violation_20120725d North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P. E. Director July 25, 2012 CERTIFIED MAIL 7010 0290 0003 0834 5718 RETURNED RECEH'T REQUESTED Stephanie Losack 223 Loren Road Hubert, NC 28539 Dee Freeman Secretary Subject: Notice of Violation 401 General Certification DWQ 2009 -0388 401 Conditions Violation 223 Loren Road in .lack's Branch Subdivision, Hubert, Onslow County Dear Ms.Losack: On May 1, 2009, the Division of Water Quality (Division) issued a 401 Water Quality Certification under the General Certification No. 3705 which corresponds to the Section 404 Nationwide Permit No. 29 issued by the US Army Corps of Engineers (USACE). This permit allowed the discharge of fill material in wetlands to widen access roads and install a utility line within the Jack's Branch subdivision. The 401 certification (copy enclosed) does not allow fill beyond what was permitted and also requires the remaining wetland within the subdivision be placed in a deed notification/restrictive covenant (copy enclosed). On July 11, 2012, Joanne Steenhuis of the Division of Water Quality, Wilmington Regional Office and David Bailey of the US Army Corps of Engineers conducted a site inspection of your property located in the Jack's Branch Subdivision at 223 Loren Road in Hubert, Onslow County due to the complaint received by this office from the Division of Land Quality. The Land Quality inspector was concerned that wetlands at the back of your lot had been impacted by fill. Based on the on -site investigation and collaboration with the USACE, it was determined that impacts to approximately 0.01 acres of wetlands occurred impacted. These impacts are the direct result of the scraping of the soil and debris following the clearing of the back portion of your lot and pushing it into the wetlands. A file review indicates that the Division has not issued you a certification for the above mentioned impact. Therefore, the impact of the wetlands is considered a violation. As a result of the site inspection and file review, the following violations are noted: Item 1. 401 Water Quality Certification condition violations 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 -807 -6492 Internet- www rimaterouahty org An Equal Opportunity 1 Affirmative Action Employer One NofthCar<'olina. AINIP A V Stephanie Losack DWQ Project # 20090388 July 25, 2012 Page 2 of 3 Condition Violation # 1 per the Division letter written May 1, 2009 states: Deed notifications /restrictive covenants or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place within 30 days from the receipt of this Certification or the USACE permit, whichever is later. A sample deed notification can be downloaded from the 401 /wetlands unit web site at http: / /portal.ncdenr.or web /wq /swp /ws /401 /certsandpermits /apply /forms (new site) The text of the sample deed notification may be modified as appropriate to suit the specific project. The USACE Restrictive Covenant language can be found on their web site at http: / /www. saw .usace.army.mil /wetiandsiMiti ation/preservation.html A recorded copy of the deed notification/restrictive covenants must be submitted to this Office and to the 401 Oversite and Express unit in Raleigh within 30 days of the receipt of the 401 Certification or the USACE's permit, whichever is later. The wetlands on the back portion of your property are covered under the restrictive covenant and were not to be filled or disturbed (see section 7 of the enclosed copy of the restrictive covenants). Condition Violation # 3 per the Division letter written May 1, 2009 states: No Waste, Spoil, Solids, or Fill of Any Kind 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.. 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 noted that approximately 0. 01 acres of wetlands had been disturbed and/or filled. It is the understanding of this Office that based on a telephone conversation with Mr. David Bailey of the USACE that you have agreed to remove the material and restore the wetland. Mr. Bailey has included in his letter to you measures to follow in order to restore the wetland. The Division supports these measures and will be working with the USACE during this process. Required Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Please note, these violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Shelton Sullivan at the Wetlands and Stormwater Branch, Compliance and Assistance Unit, 1617 Mail Service Center, Raleigh NC, 27699 -1617. Your response in writing should address the following items: An explanation of why these impacts occurred and how this will be avoided in the future; 2. A date of when the wetland fill will be removed; A date when you propose to have the wetland planted; Stephanie Losack OWQ Project # 20090388 July 25, 2012 Page 3 of 3 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. 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 at 910.796.7306 or myself at (910) 796 -7215. Sincerely, V�` clf.,- Ja e H. Gregson Reg nal Supervisor Surface Water Protection Section Enclosures: 401 Certification Covenant Restrictions cc: Wetlands and Stormwater Branch — Ian McMillan Compliance and Assistance Unit — Shelton Sullivan Wilmington Corps of Engineers — David Bailey (E -mail) LQS Wilmington — Karl Hammers W iRO *;0 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild, P. E. Director July 25, 2012 CERTIFIED MAIL 7010 0290 0003 0834 5701 RETURNED RECEIPT REQUESTED Hillary and Miles J. Lambrecht 221 Loren Road Hubert, NC 28539 Dee Freeman Secretary Subject: Notice of Violation 401 General Certification DWQ 2009 -0388 401 Conditions Violation 221 Loren Road in Jack's Branch Subdivision, Hubert, Onslow County Dear Mr. and Mrs. Lambrecht: On May 1, 2009, the Division of Water Quality (Division) issued a 401 Water Quality Certification under the General Certification No. 3705 which corresponds to the Section 404 Nationwide Permit No. 29 issued by the US Army Corps of Engineers (USACE). This permit allowed the discharge of fill material in wetlands to widen access roads and install a utility line within the Jack's Branch subdivision. The 401 certification (copy enclosed) does not allow fill beyond what was permitted and also requires the remaining wetland within the subdivision be placed in a deed notification/restrictive covenant (copy enclosed). On July 11, 2012, Joanne Steenhuis of the Division of Water Quality, Wilmington Regional Office and David Bailey of the US Army Corps of Engineers conducted a site inspection of your property located in the Jack's Branch Subdivision at 221 Loren Road in Hubert, Onslow County due to the complaint received by this office from the Division of Land Quality. The Land Quality inspector was concerned that wetlands at the back of your lot had been impacted by fill. Based on the on -site investigation and collaboration with the USACE, it was determined that impacts to approximately 0.01 acres of wetlands occurred impacted. These impacts are the direct result of the scraping of the soil and debris following the clearing of the back portion of your lot and pushing it into the wetlands. A file review indicates that the Division has not issued you a certification for the above mentioned impact. Therefore, the impact of the wetlands is considered a violation. As a result of the site inspection and file review, the following violations are noted: Item I. 401 Water Quality Certification condition violations 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919. 807 -63001 FAX: 919- 807 -6492 Internet www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naty al& V Hillary and Miles J. Lambrecht DWQ Project # 20090388 July 25, 2012 Page 2 of 3 Condition Violation # 1 per the Division letter written May 1, 2009 states: Deed notifications /restrictive covenants or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place within 30 days from the receipt of this Certification or the USACE permit, whichever is later. A sample deed notification can be downloaded from the 401 /wetlands unit web site at http: / /portal.ncdenr.or web /wq /swp/ws /401 /certsandpermits /apply /forms (new site) The text of the sample deed notification may be modified as appropriate to suit the specific project. The USACE Restrictive Covenant language can be found on their web site at hitp: / /www. saw .usace.anny.mil /wetiands/Miti atg ion/preservation.htmi A recorded copy of the deed notification/restrictive covenants must be submitted to this Office and to the 401 Oversite and Express unit in Raleigh within 30 days of the receipt of the 401 Certification or the USACE's permit, whichever is later. The wetlands on the back portion of your property are covered under the restrictive covenant and were not to be filled or disturbed (see section 7 of the enclosed copy of the restrictive covenants). Condition Violation # 3 per the Division letter written May 1, 2009 states: No Waste, Spoil, Solids, or Fill of Any Kind 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.. 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 noted that approximately 0. 01 acres of wetlands had been disturbed and/or filled. It is the understanding of this Office that based on the on -site conversation with Mr. David Bailey of the USACE and Joanne Steenhuis of the Division that you have agreed to remove the material and restore the wetland. Mr. Bailey has included in his letter to you measures to follow in order to restore the wetland. The Division supports these measures and will be working with the USACE during this process. Required Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Please note, these violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Shelton Sullivan at the Wetlands and Stormwater Branch, Compliance and Assistance Unit, 1617 Mail Service Center, Raleigh NC, 27699 -1617. Your response in writing should address the following items: An explanation of why these impacts occurred and how this will be avoided in the future; 2. A date of when the wetland fill will be removed; A date when you propose to have the wetland planted; Hillary and Miles J. Lambrecht DWQ Project # 20090388 July 25, 2012 Page 3 of 3 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. 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 at 910.796.7306 or myself at (910) 796 -7215. Sincerely, Jam s H. Gregson Regional Supervisor Surface Water Protection Section Enclosures: 401 Certification Covenant Restrictions cc: Wetlands and Stormwater Branch — Ian McMillan Compliance and Assistance Unit — Shelton Sullivan Wilmington Corps of Engineers — David Bailey (E -mail) LQS Wilmington — Karl Hammers WiRO