20090587 Ver 2_Notice of Violation_20141222

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NCDENR
Pat McCrory John E. Skvada, II I
Governor Secretary
December 22, 2014
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CNYA Investments, LLC 7013 2630 0002 0760 5888
ATTN: Mark Evans
200 Cape Fear Circle, suite 1
Sneads Ferry NC 28460
NC Highway 210, LLC
ATTN: Joe Pastora
2100 McKinney Ave, Suite 1550
Dallas, TX 75201
7013 2630 0002 0760 5895
RE: Project Name: Mills Creek Phase 2
Project ID: ONSLO- 2008 -282
County: Onslow
Compliance Deadline: 21 days from receipt
Dear Mr. Evans and Mr. Pastora:
On December 19, 2014, personnel of this office inspected a project located on HWY 210, Sneads
Ferry in Onslow County, North Carolina. This inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed
a land - disturbing activity of approximately 40 acres being conducted.
It is our understanding that you and /or your firm are responsible for this land - disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S.
113A -50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that
you are not responsible for the following violations, please notify this office immediately.
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section - Land Quality Section
127 Cardinal Dr Extension VVlmington, NC 28405 - PHONE: [phone]/ FAX: 910 - 350 -2004
Internet: http: / /pgrtal.ncdenr.orq\LA@ Ir/
An Equal Opportunity \ Affim -ative Action Employer - 500/oRecycled \ 100/oPost Consumer Paper

Notice of Violations
Mark Evans and Joe Pastora
December 22, 2014
Page 2 of 3
The violations that were found are:
Failure to take all reasonable measures - 15A N.C.A.C. 413.0105
2. Inadequate buffer zone, G.S. 113A -57(1) - G.S. 113A -57(1)
3. Failure to maintain measures - 15A N.C.A.C. 413.0113
4. Failure to self - inspect - G.S. 113A- 54.1(e) and 15A N.C.A.C. 413.0131
5. Failure to follow approved plan - G.S. 113A- 57(5)and Failure to implement the erosion and
sedimentation control plan, NCG 010000 Section III. 3) (a)
To correct these violations, you must:
1. Remove the sediment from the wetland in the rear of lots 247 &248.
2. Install adequate measures in the rear of lots 247 &248 to prevent any additional
sediment from entering the wetlands.
3. Install the sediment control measures shown on the approved plan at the locations
and to the specifications shown on the approved plan including, but not limited to,
all the sediment traps.
4. Properly anchor all the silt fence on site as required by the details of the approved
plan.
5. Submit a revised plan with an updated financial responsibility form signed by the
person responsible for the land disturbing activity and including lots 248 -251 and
the sediment control measures required for those lots to prevent sediment from
entering the wetlands.
6. Install adequate measures such as a sediment trap at the end of all swales on site
including, but not limited to, the swale at the end of Road "O ".
7. Repair the holes in the silt fence where needed on site.
8. Apply straw mulch, erosion control fabric, hydroseeding or sod to all exposed soil
on site.
9. Conduct self- inspections and maintain records of self- inspections after each phase of
the project
The violations cited herein may be referred to the Director of the Division of Energy, Mineral, and
Land Resources (Director) for appropriate enforcement action, including civil penalty assessments
for an initial one -day violation and /or a continuing violation. The penalty for an initial one -day
violation may be assessed in an amount not to exceed $5,000.00. The Division of Energy, Mineral,
and Land Resources is not required to provide a time period for compliance before assessing an
initial penalty for the violations cited herein. Please be advised that a civil penalty may be assessed
for the initial day of violations regardless of whether the violations are corrected within the time
period set out below.
In addition, if the violations cited herein are not corrected within 21 days of receipt of this notice,
this office may request that the Director take appropriate legal action against you for continuing
violations pursuant to NCGS 113A -61.1 and 113A -64. A penalty may be assessed from the date of

Notice of Violations
Mark Evans and Joe Pastora
December 22, 2014
Page 3 of 3
the violation, pursuant to NCGS 113A- 64(a)(1), and for each day of a continuing violation in an
amount not to exceed $5,000.00 per day.
Please be advised that any new land - disturbing activity associated with this project should not begin
until the area presently disturbed is brought into compliance with the Act. When corrective actions
are complete, you should notify this office so that work can be inspected. You should not assume
that the project is in compliance with the Act until we have notified you. After installation, all
erosion control measures must be maintained in proper working order until the site is completely
stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the Act. Copies of
the relevant statute and administrative rules may be examined at this office or will be sent to you
upon request. Should you have questions concerning this notice or the requirements of the Act
please contact either Wilmington Regional Office or me at your earliest convenience.
Sincerely,
Daniel Sams, PE
Land Quality Section
Enclosures: Sedimentation Inspection Report
cc: State Sedimentation Specialist
Regional Water Quality Supervisor