NOV-2008-OP-0056 Ver 1_Notice of Violation_20081023

W A T ??QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 23, 2008
CERT MAIL #7008-0150-0002-2652-3852
RETURN RECEIPT REOUESTED
Mr. David Benford
1817 South Churchill Drive
Wilmington NC 28403
CERT MAIL #7008-0150-0002-2652-3869
RETURN RECEIPT REOUESTED
Mr. David Benford
7943 Sanderling Place
Wilmington NC 28411
Subject: NOTICE OF VIOLATION
NOV-2008-OP-0056
Summerlin Road, Leland
Wetland Standards
Failure to Obtain 401 WQC
Failure to Obtain NCGO10000
Brunswick County
Dear Mr. Benford:
On October 15, 2008, Mr. Chad Coburn and Mrs. Linda Willis of the Division of Water Quality
conducted a site inspection for the tract on Brunswick County Tax Parcel #02900001 off of
Summerlin Road, Leland, Brunswick County, North Carolina.
Inspection Results:
The following observations and/or violations were noted during the October 22nd inspection:
(I) Wetland Standards
(II) Failure To Obtain 401 Water Quality Certification
(III) Failure to Secure Stormwater General Permit NCGO10000
1. Wetland Standards - Mechanized land clearing of approximately 13 acres of 404 wetlands
and filling of approximately 1 acres of 404 wetlands have occurred 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;
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.
II. Failure To Obtain 401 Water Quality Certification - 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
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NOrthCarO
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Page 2
Summerlin Road
Leland
Brunswick County
file review confirmed that a Pre-Construction Notification 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 submitted to DWQ is required prior to the above-mentioned
impacts pursuant to 15A NCAC 211.0500.
III. Failure to Secure Stormwater General Permit NCGO10000 - Site visits and a DLR file
review confirmed that Sedimentation and Erosion Control plan approval has not been applied for
or secured for the land disturbing activity; therefore, coverage under the NPDES General Permit
to discharge stormwater from land disturbing activities has not been secured in accordance with
the provision of North Carolina General Statute 143-215.1. This General Permit is applicable
to point source discharges from construction activities disturbing one or more acres of land.
The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land
Resources or delegated local program shall be considered to take the place of a Notice of Intent
for coverage under this General Permit for those projects requiring this Permit coverage.
Coverage under this General Permit shall become effective upon issuance of an approval for the
Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land
Resources or delegated local program. Prior to the commencement of construction and land
disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained.
Required Response
You are required to respond to this letter in writing within 15 days of receipt. You are
encouraged to secure a consultant to assist you with maps, plans, applications, and other
documentation necessary to bring your site into compliance. Your response must 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.
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. Wetland Delineation - 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. Wetland Restoration Plan - 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;
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Summerlin Road
Leland
Brunswick County
6. Erosion & Sedimentation Control Plan - Submit a copy of the application for an
Erosion and Sedimentation Control Plan for the unnamed construction sites where greater
than one acre has been disturbed, with required maps and other documentation if you
propose to continue development.
7. Schedule - Indicate in your response a schedule with dates detailing when the restoration
will be accomplished. This schedule should include a three-year monitoring plan to
ensure that the wetlands are restored.
These violations, as detailed above, are required to be immediately and properly resolved
and 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 (910) 796-
7215.
t S* erely,
v06 4v?
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