NOV-2012-PC-0296 Ver 1_Notice of Violation_20120828

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P. E.
Director
August 28, 2012
CERTIFIED MAIL #70110110 0000 9947 7265
RETURN RECEIPT REQUESTED
Mr. David N. Daughtry
811 Shelley Drive
Goldsboro, NC 27534
Subject: NOTICE OF VIOLATION
NOV- 2012 -PC -0296
David N. Daughtry
Failure to Secure 401 WQC
Wayne County
Dear Mr. Daughtry:
Dee Freeman
Secretary
On August 21, 2012, Roberto Scheller of the Division of Water Quality, Washington Regional
Office, conducted a site visit to the Daughtry property located at 108 Cassendale Drive,
Goldsboro, NC. Present on the site was Mr. William Wescott of the US Army Corp of
Engineers. The property boarders Reedy Branch which is a tributary to the Neuse River. During
the site visit staff observed unauthorized fill placed in wetlands creating a low profile
impoundment of Reedy Branch. No permits have been issued to you for these impacts.
As a result of the site inspection and file review, the following violations, detailed below, are
noted:
(1) Wetland Standard Violation
(2) Failure to Secure a 401 WQC
Item L Wetland Standard Violation
The filling of wetlands represents violations of 15A NCAC 02B .0231 (b) (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
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 ricwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

Mr. David N. Daughtry
August 28, 2012
Page 2 of 2
impacts on: (C) The chemical, nutrient and dissolved oxygen regime of the wetland;(D) The
movement of aquatic fauna;(F) Water levels or elevations.
Item II. Failure to Secure a 401 WQC
The file review confirmed that no Pre - construction Notifications were received by the DWQ
requesting to place fill within the wetlands on the subject properties. A Pre - Construction
Notification submitted to DWQ is required prior to the above - mentioned impacts pursuant to
15A NCAC 2H.0500.
Requested Response
This Office requires that the constructed impoundment be breached at the two outside stream
locations, as shown by arrows on the enclosed map, and in the middle of the structure. This will
restore flow within the wetlands and stream system. This Office anticipates that storm waters
will remove the remaining structure over time. It is requests that you respond to this letter in
writing within 30 calendar days of receipt of this Notice and indicate measures taken or planed
to be taken to restore stream and wetland flow.
Thank you for your attention to this matter. Your above - mentioned response to this
correspondence will be considered in the violation process. This office requires that the
violations, as detailed above, be abated immediately. Please be advised, these violations
and any future violations are subject to a civil penalty assessment of up to $25,000.00 per
day for each violation. Should you have any questions regarding these matters, please contact
either Roberto Scheller (252) 948 -3940 or myself at (252) 946 -3844.
Sin erely,
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosed: Site Aerial Map
cc: John Hennessey — NPS Assistance and Compliance Oversight Unit
William Wescott, U.S. Army Corps of Engineers, Washington Office
WaRO Files

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