NOV-2008-WQ-0042 Ver 1_Notice of Violation_20080616

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Michael F. Easley, Governor
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins, Director
Division of Water Quality
June 16, 2008
CERTIFIED MAIL #7007-0220-0000-8225-1806
RETURN RECEIPT REQUESTED
Mr. Joe Williams
1406 41St Street
Wilmington NC 28403
Dear Mr. Williams:
NOV-2008-WQ-0042
Parcel R08200-002-010-000 - Sunrise Lane
New Hanover County
On April 1, 2008 and June 12, 2008, Mr. Chad Coburn from the Wilmington Regional
Office of the Division of Water Quality conducted site inspections for the property at
Parcel R08200-002-010-000 - Sunrise Lane, 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 0.25 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 - A Ditch measuring approximately 200 linear feet has been
constructed through wetlands located on the above-mentioned parcel. 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;
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
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Subject: NOTICE OF VIOLATION
Page 2
Mr. Joe Williams
NOV-2008-WQ-0042
New Hanover County
15A NCAC 02B.0231 (b) (5) (F) requires that:
Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(F) Water levels or elevations.
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. Explain when construction (excavation, grubbing, and clearing) began at the site.
2. Clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
3. Permit Application - If you wish for any impacts to remain in place, you must
contact the U.S. Army Corps of Engineers (USACE) 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.
4. 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.
5. 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.
6. 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.) All ditches located within or adjacent to wetlands must be backfilled,
returned to natural grade and stabilized with a thick vegetative cover. Also,
any fill placed in wetlands must be removed*. Please thoroughly discuss your
plans for backfilling all ditches that are in or adjacent to wetlands on the site.
Also, please address the measures that will be used for temporary
stabilization/ sediment control while this work is under way. Please provide a
schedule with dates by which this work will be completed.
Page 3
Mr. Joe Williams
NOV-2008-WQ-0042
New Hanover County
*Note: Fill material not used for backfilling of ditches must be removed from
wetlands, placed on high ground and stabilized. This restoration effort must
also be addressed in a manner that is in full compliance with the Division of
Land Resources and the US Army Corps of Engineers;
c.) 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;
d.) 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].
t S* erely,
60,X'-
Edward Beck
Surface Water 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