NOV-2008-OP-0057 Ver 1_Notice of Violation_20081024

W A T ?R?G
o c
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 24, 2008
CERT MAIL #7007-0220-0000-8224-8837
RETURN RECEIPT REQUESTED
Ms. Victoria Hinson
Fly Away, LLC
504 Weathergreen Drive
Raleigh NC 27615
CERT MAIL #7007-0220-0000-8224-8813
RETURN RECEIPT REOUESTED
Mrs. Christine Stephens
P.O. Box 436
Fair Bluff NC 28439
CERT MAIL #7007-0220-0000-8224-8844
RETURN RECEIPT REOUESTED
Schoolfield Management Company
P.O. Box 488
Lake City SC 29560
CERT MAIL #7007-0220-0000-8224-8820
RETURN RECEIPT REOUESTED
Mr. Gary Barnes
803 Academy Street
Fair Bluff NC 28439
Subject: NOTICE OF VIOLATION
NOV-2008-OP-0057
Property 4's 80345, 18284, 89573, & 18163
Wetland Standards
Failure to Obtain 401 WQC
Failure to Obtain NCGO10000
Columbus County
Dear Sir/Madam:
On October 15, 2008, Mr. Chad Coburn of the Division of Water Quality conducted a site inspection for
the tracts on Columbus County Property #'s 80345, 18284, 89573, & 18163, off of Andrew Jackson
Highway (U.S. 74/76), Columbus County, North Carolina.
Inspection Results:
The following observations and/or violations were noted during the October 15th inspection:
(I) Wetland Standards
(II) Failure To Obtain 401 Water Quality Certification
(III) Failure to Secure Stormwater General Permit NCG010000
1. Wetland Standards - Mechanized land clearing of wetlands and filling of wetlands has occurred on the
above-mentioned property numbers. In addition, several hundred feet of ditches have been constructed and
appear to be draining the site. 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 - After site visits and a file review the DWQ
believes that impacts occurred without a 404 Permit from the U.S. Army Corps of Engineers. The file
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 NOnItI]CaTO
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Fair Bluff
Columbus County
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
2H.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 30 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 the 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. 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;
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.
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;
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Fair Bluff
Columbus County
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 United States Army Corps of Engineers to determine if a
404 Permit is necessary for these activities;
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 [phone].
i S' cerely,
dward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Dan Sams - DLR Wilmington
Emily Burton - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Ken Pippin - Carolina Southern Railroad, 171 Hwy 905, Conway, SC 29526
Central Files
WiRO files