NOV-2008-OP-0020 Ver 1_Notice of Violation_20080616

o?aF wA rFR pG
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/JO a.Gtux- i?? ?S 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 16, 2008
CERT MAIL #7007-0220-0000-8225-1783
RETURN RECEIPT REQUESTED
Cumbee Rd Partners, LLC
Mr. Adam Lisk
6263 Ingleside Drive
Wilmington NC 28409
CERT MAIL #7007-0220-0000-8225-1790
RETURN RECEIPT REQUESTED
Cumbee Rd Partners, LLC
Mr. Adam Lisk
7616 Hawk Road
Wilmington NC 28411
Subject: CONTINUING NOTICE OF VIOLATION with INTENT
TO ENFORCE
NOV-2008-OP-0020
Sea Wynde Plantation
Brunswick County
Dear Mr. Lisk:
The Notice of Violation (NOV-2008-OP-0020) mailed to you on May 15, 2008, with certified mail receipt
on May 17, 2008 requested a response by June 17, 2008. By the letter Dated June 10, 2008, Mr. Bromby
requested clarification of several points in the NOV. This letter is intended to provide additional
clarification.
Based on your submitted applications for State Stormwater permits for Phases 1,lI, & III, for Sea Wynde
Plantation, in Brunswick County, NC, the DWQ suspects that there are un-permitted wetland impacts in
these Phases.
In your June 7, 2007 application for Phase I, your signed application states that this phase will have 0.47
acres of wetland impacts. You indicated that the wetlands delineation has not been completed nor has the
U.S. Army Corps of Engineers (USAGE) approved the delineation. You also indicated that a 404
application will not be required however, you also indicated that a 401 application will be required. Our
records show that a Jurisdictional Determination was approved by the USACE on October 7, 2005. In
addition, your application for this phase shows wetlands that have been delineated on this phase and on
portions of the adjoining Phases II and III labeled as "Approximate Existing Wetlands 34.79 acres". Your
site plans for Phase I clearly show impacts at the following locations:
Collector Road A - Cul-De-Sac BB
• Minor Road K
• Minor Road J
In your January 25, 2008 application for Phase II, your signed application was not completed for wetlands
information. However, an unapproved delineation survey from Murphy Geomatics was submitted with
your application showing that this parcel only contains 3.07 acres of wetlands. This delineation shows that
the approved wetlands shown in Phase I end abruptly at the Phase I/II boundaries. After reviewing our files
and documentation, and consulting with the USACE, our records indicated that an approved Jurisdictional
Determination does not exist for Phase II.
In your May 25, 2007 application for Phase III, your signed application states that this phase will have 0.45
acres of wetland impacts. You indicated that the wetlands delineation has been completed and approved by
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 NorthCarO
Aaturaj
Page 2
Mr. Adam R. Lisk
NOV-2008-OP-0020
Brunswick County
the USAGE. You also indicated that a 404 application will not be required however, you also indicated
that a 401 application will be required. After reviewing our files and documentation and consulting with
the USACE, our records indicated that an approved Jurisdictional Determination does not exist for Phase
III. The site plans for this Phase again show the same wetlands as indicated on the Phase I application and
not the wetlands from Phase II. In addition, the site plans dated November 21, 2007, indicated that the
wetlands shown for "Tract 1" are based on a survey by Murphy Geometries. The site plans also state that
wetlands for "Tracts 2-5" are based on delineation by Land Management Group, Inc. This plan also
indicates that the delineations have only been approved by the USACE for "Tract F. The site plans for
this Phase indicate a "Recreation Area" listed as 0.74 acres placed directly in the wetlands.
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. Explain why the appropriate 401 Water Quality Certification and 404 Permit were not secured.
3. Provide a surveyed wetland delineation map signed and approved by the U.S. Army Corps of
Engineers for Phases II, III, and IV.
Have the approved delineated wetlands on Phase I staked out on the site per the approved
survey.
5. 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.
6. 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.
You are encouraged to secure a consultant to assist you with your plan development, permit, certification
and authorization necessary to achieve compliance.
This Office is considering sending a recommendation for enforcement to the Director of the Division
of Water Quality regarding these issues and any future/continued violations that may be
encountered. Your response to this letter will be considered in this process. 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 maty?fs, please contact Chad Coburn at (910)
796-7215.
Edward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
Page 3
Mr. Adam R. Lisk
NOV-2008-OP-0020
Brunswick County
cc: John Hennessy - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Kim Garvey - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Jennifer Frye - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Dan Sams - DLR Wilmington
Craig Bromby - Hunton & Williams, P.O. Box 109, Raleigh, NC 27602
Ronal J. Mikulak - Wetlands Section - Region IV, Water Management Division, US
EPA, 61 Forsyth Street, SW, Atlanta, GA 30303
Central Files
WiRO files