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Home My WebLink About20090692 Ver 2_Notice of Violation_20141002NCDENR October 2,2U14 CERTIFIED MAIL #7010 0290 0003 0833 9083 RETURN RECEIPT REQUESTED Topsail Bluff, LLC Attn: Bartow LShaw l031S. Caldwell Street, STE2Z8Q Charlotte, NC28JO3 Subject Notice #fViolation Topsail Bluff Subdivision, SmeadsFerry QWC\ Project #2OO90592V2 Onslow County Dear Mr. Shaw: John E.SkY8rlG HI Secretary On July 25,2O13 the Division of Resources (DWR) issued a 401 Water Quality Certification under the General Certification No. 3890 which corresponds to the Section 404 Nationwide Permit No. 29 issued by the US Army Corps of Engineers (USACE)on July D^ZO13. The Section 4O4 Permit and corresponding 401Certification authorized the discharge of fill material into 0.137 acres of jurisdictional wetlands and 53 linear feet of permanent stream impacts to access uplands within the subdivision. C)n September J6 2014, Joanne S1eenhuisof the Division of Water Resources, Wilmington Regional Office conducted en inspection of the Topsail Bluff Subdivision located at the end of Gus Horne Road, inSneady Ferry, North Carolina. As a result of the site inspection and file review, the following violations are noted: Item 1. Wetland Standards violation Item U. 4D1 Water Quality Certification condition violations 1601 Mail Service Center, Raleigh, North Carolina 270QB40]1 Phone: 918-7O78OOO\ Internet: vwwowjemrgov An Equal Opportunity k Affirmative Action Employer - Made u-i part by recycled paper Topsail Bluff, LLC Attn: Bartow L. Shaw DWQ Project # 2009 0692 V2 October 2, 20014 Page 2 of 4 Item 1: Wetland Standard Violation Wetland disturbance corresponding to sediment and fill in wetlands and getting into the wetlands beyond the permitted limits were observed. The additional sediment in wetlands beyond the permitted impacts represents violations of the following North Carolina wetland standard which states: 15A NCAC 213 .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. The investigator found additional impacts beyond what has been permitted at the road crossings. Down slope of the wetland crossing (impact area #4) sediment had gotten into the wetlands from the failure of maintaining the sediment and erosion control measures. The amount of additional wetland impacts beyond the foot print of the permitted impact is approximately 0.3 acres. There were also smaller areas of additional wetlands impacted by sediment from failed sediment and erosion control measures at Impact Areas # 3 and 5. Item II. 401 Water Quality Certification condition violations General Certification # 3890 Condition # 1 states: No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, orfill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. The investigator found additional impacts beyond what has been permitted at the road crossings. Down slope of the wetland crossing (Impact Area #4) sediment had gotten into the wetlands from the failure of maintaining the sediment and erosion control measures. Topsail Bluff, LLC Attn: Bartow L. Shaw DWQ Project it 2009 0692 V2 October 2, 20014 Page 3 of 4 There were additional wetlands impacted by sediment from failed sediment and erosion control measures at Impact Areas #3 and #5. There were spoil piles adjacent to the road that had not been stabilized. General Certification # 3890 Condition # 2 states: Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. Design, installation, operation, and maintenance of the sediment and erosion control measures much be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and /or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery areas (PNAs), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. The investigator found the sediment and erosion control measures had not been maintained as required and sediment discharged into wetlands in multiple areas causing additional wetland impacts beyond the permitted footprint. Required Response This Office requests that you respond to this letter in writing within 20 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 Buffers Unit, 1617 Mail Service Center, Raleigh NC, 27699 -1617. Your response in writing should address the following items: 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 will be removed from the wetlands. Topsail Bluff, LLC Attn: Bartow L. Shaw DWQ Project # 2009 0592 V2 October 2, 20014 Page 4 of 4 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 clay 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 at 910.796.7306 or Joaiine Steenlluis cr,ncdenr. ov or me at 910.796.7386 or Jim.Gregson(cc?nvdenngov . Sincerely, Jim Gr dn, anal Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: Shelton Sullivan - 401 Wetlands and Buffers unit — electronic copy Brad Shaver — USACE Wilmington Field Office — electronic copy Karl Hammers — DEMLR WiRO Ken Johnson — Charles Riggs and Associates — electronic copy MSC 1617 Central Files Basement WiRO