20051062 Ver 1_Notice of Violation_20050929

~o~ WATF~p Michael F. Easley, Governor
~O G William G. Ross, Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
>_
~ ~ ~ _ "~ Alan W. Klimek, P.E. Director
-.. ~ Division of Water Quality
July 29, 2005
CERTIFIED MAIL 7004 1160 0004 4620 3136
RETURNED RECEIPT REQUESTED
Martin Baum
6012 Farm Pond Road
Apex, NC 27523
Subject: Notice of Violation and
Recommendation for Enforcement
Isolated Wetland Standard Violation
401 Water Quality Certification Violation
Bridgewater at Ware Creek Subdivision
Carteret County
Dear Mr. Baum:
On July 27, 2005, Joanne Steenhuis of the Division of Water Quality (DWQ) Wilmington
Regional Office was reviewing the Express CAMA application and conducted a site visit on the subject
property. The inspection and subsequent review of your activities revealed that there are isolated wetland
impacts on your property.
During the site visit, the investigator took photographs and made observations of isolated wetland
impacts that included grading and filling. Specifically, the landscape was cleared, grubbed and graded
and fill was placed in the isolated wetlands.
A call to the US Army Corps of Engineers confirmed that isolated wetlands were located onsite.
Mickey Sugg, of the USACE FAXed DWQ a copy of the Jurisdictional Determination map with an
approximate location of the isolated wetland on the tract. He estimated that the isolated wetland was
approximately 1/2 acre to 2 acres in size. 15A NCAC 02H.1305 deems impacts to isolated wetlands as
permited for fill up to 1/3 acre east of I-95. Since the USACE indicated that there is most likely more
than 1/3 acre of isolated wetland on the property a permit application for fill will be required. As a result
of the site inspections and file review, the following violations, detailed on the following pages, are noted:
1) Failure to secure a DWQ General Permit to impact isolated wetlands over 1/3 acre;
2) Wetland standard violations;
Item I. Failure to secure a DWQ General Permit to impact isolated wetlands
A DWQ site visit and file review confirmed that an application for a State Individual Permit or
Certificate of Coverage has not been received by the Division of Water Quality for this project. An
application for a State Individual Permit or Certificate of Coverage submitted to DWQ is required prior to
the above-mentioned impacts pursuant to 15A NCAC 2H .1302.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper ~aturallr~

Page Two
Martin Baum
July 29, 2005
Item II. Wetland Standard Violation
Wetland disturbance corresponding to mechanized land clearing, grading, and fill was observed.
Since there is no State Individual Permit or Certificate of Coverage for this project, the respective
placement of fill and grading in isolated wetlands 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.
This Office also requests that you respond to this letter in writing within 10 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. Danny Smith 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:
1). Your efforts in delineating the isolated wetland on site and getting a jurisdictional
determination from the Division of Water Quality;
2). How much impact occurred in the isolated wetland;
3). An explanation of why you did not apply for a State Individual Permit or Certificate of
Coverage to impact over 1/3 acre of isolated wetlands;
4). A wetland restoration plan that should include removing the fill from the wetlands and
returning the wetland area to original grade, and stabilizing with vegetation;
5). A schedule with dates clearly depicting your efforts to become compliant.
By copy of this letter to the Carteret County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project
until this matter is satisfactorily resolved.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any future or
continued violations that maybe encountered. Your response to this correspondence will be considered in
this process. Your contact for the Corps of Engineers is Mickey Sugg [phone]. Should you have
any questions regarding these matters, please contact Joanne Steenhuis at [phone].
Sincerely,
Ed Beck
Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc : Carteret County Building Inspections Land Quality Section -Trent James
Compliance and Assistance Unit -Danny Smith Stroud Engineering,PA -Ron Cullipher
Wilmington Corps of Engineers -Mickey Sugg WiRO
CAMA Wilmington -Jason Dail CAMA Morehead -Doug Huggett