NOV-2008-OP-0024 Ver 1_Notice of Violation_20080620

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins, Director
Division of Water Quality
June 20, 2008
CERTIFIED MAIL #7007-0220-0000-8225-1820
RETURN RECEIPT REQUESTED
Sheryl Robertson
7112 Lipscomb Drive
Wilmington NC 28412
Subject: NOTICE OF VIOLATION
NOV-2008-OP-0024
Parcel R08-108-006-004-000
New Hanover County
Dear Ms. Robertson:
On June 12, 2008, Mr. Chad Coburn from the Wilmington Regional Office of the Division of Water
Quality conducted a site inspection for the property at Parcel R08-108-006-004-000, Wilmington, North
Carolina. The site visit revealed that the subject property has the following violations as detailed below:
(I) Failure to Secure a 401 Water Quality Certification
(II) Wetlands Standards
1, Failure to Secure a 401 Water Quality Certification - Approximately 0.15 acres of jurisdictional
wetlands has been impacted by fill material. DWQ site visits and file review confirmed that impacts
occurred without a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the
U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor has
notification been provided to the COE for this activity. The file review confirmed that a Pre-construction
Notification application has not been received by the Division of Water Quality for this project and that a
401 Water Quality Certification has not been issued. A Pre-Construction Notification application is
required to be submitted to DWQ prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500.
II. Wetlands Standards - Approximately 0.15 acres of jurisdictional wetlands has been impacted by fill
material. This is in violation of the following wetland standards:
15A NCAC 02B .0231 (b) (1) requires that:
Liquids, fill or other solids or dissolved gases may not be present in amounts which
may cause adverse impacts on existing wetland uses;
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 days of receipt. Your response
should include the following:
1. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not
secured.
2. Permit Application -If you wish for any impacts to remain in place, you must contact the U. S.
Army Corps of Engineers (USAGE) for information on the type(s) of permit required. Depending
on the type of permits USACE requires, application for a 401 Water Quality Certification to DWQ
will also be required.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarc
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Page 2
Ms. Sheryl Robertson
NOV-2008-OP-0024
New Hanover County
3. Indicate in your response a detailed schedule with dates explaining when the restoration will be
accomplished, and if you plan to seek a permit for the impacts, when an application will be
submitted.
4. Please provide a map that exactly details the wetlands on the tract, the areas of wetlands that were
impacted, and the length and location of ditches.
5. Please submit a Restoration Plan to this office for review and approval. You are encouraged to
secure a consultant to assist you with your plan development, permit, certification and
authorization necessary to achieve compliance. This plan should include the following:
a.) The restoration plan must detail how the earthen fill material placed in wetlands
(including all side casting) will be removed and how excavated wetlands will be restored.
This information must be clearly depicted on a map that you provide as a part of this
response. This map should also indicate all of the wetlands locations on the tract as well as
the wetland areas that have been impacted;
b.) Satisfactory wetland restoration requires the replanting of at least 2 native hardwood
wetland species and the maintenance of a stem density/survivorship of at least 320 trees per
acre at the end of 3 years. Also, this plan will require an herbaceous wetland seed mix for all
wetlands that are disturbed;
C.) It is required that you contact the U.S. Army Corps of Engineers to determine if a 404
Permit is necessary for these restoration activities.
You are encouraged to secure a consultant to assist you with your plan development, permit, certification
and authorization necessary to achieve compliance.
This office requires that the violations, as detailed above, be immediately and properly resolved.
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 Chad Coburn at [phone].
rwa ,
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Surface Wa ter Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Kim Garvey - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Central Files
WiRO files