NOV-2008-PC-0779 Ver 1_Notice of Violation_20081107

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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
November 7, 2008
CERTIFIED MAIL #7007 0220 0000 8216 7756
RETURN RECEIPT REOUESTED
Mr. Eric A. Litvak
Castle Ventures LLC
611 Hughes Rd.
Hampstead, NC 28443
Subject: The Manor at Cypress Creek
NOTICE OF VIOLATION
Dear Mr. Litvak:
NOV-2008-PC-0779
Castle Ventures LLC
401 Water Quality Certification Inspections
Construction Stormwater Permit NCGO10000 & NCR001244
Pender County
On October 27, 2008, Joanne Steenhuis and Jean Conway from the Wilmington Regional
Office of the Division of Water Quality (DWQ) conducted a site inspection for the
tract/project known as The Manor at Cypress Creek Subdivision, located off of Thomas
Rd. in Hampstead, North Carolina. The site visit and file review revealed that the subject
project has an approved Erosion and Sedimentation Control Plan and is covered by
Stormwater General Permit NCGO10000.
In addition, this project was also inspected for compliance with the 401 Water Quality
Certification for the construction of a residential subdivision located off of Thomas Lane.
However, there are conditions of your 401 Permit that need verification at this time.
As a result of the site inspection and file review, the following violations are noted:
1. NCG 010000 Permit Condition Violations
2. 401 Water Quality Certification Conditions Violations
Item 1. General Stormwater Permit NCGO10000 Condition Violations
Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan
was not observed on site or available for review.
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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper One
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Page 2 of 3
Mr. Eric A. Litvak
Castle Ventures LLC
Pender County
Part I, Section C: No. 2 - Failing to Maintain the Erosion Control Measures
According to the Sedimentation Inspection Report from NC Division of Land
Quality dated October 9, 2008.
Part 1 Section B (1) - Failing to Maintain a Rain Gauge Onsite
Rain gauge was not visible onsite during DWQ inspection October 27, 2008.
Part 1 Section B (1) - Failing to Record and Provide DWQ Rain Gauge Data
Rain gauge data was not visible or available onsite during DWQ inspection
October 27, 2008.
Part I. Section B. No. 3 -Minimum Monitoring and Record Keeping
It appeared that no written records are being kept. It also appears that visual
inspections have not been performed and corrective action has not been taken to
control the discharge of sediments during DWQ inspection October 27, 2008.
Item 2. 401 Water Quality Certification conditions violations
Impacts to wetlands beyond what was originally proposed for the project area and
permitted on the 401 Water Quality Certification were noted during DWQ
inspection October 27, 2008. The areas of impact are located in the wetland at the
terminus of Cypress Lakes Drive. The area of fill included approximately square
feet of material. The Division of Water Quality has determined that the fill is from
the surrounding unstable slopes and failed silt fences.
Another condition of the General Certification states:
Deed notifications or similar mechanisms shall be placed on all lots with
remaining wetlands and waters or areas within 50 feet of all streams and ponds.
These mechanisms shall be put in place within 30 days of the date of issuance of
the 401 Certification letter or the issuance of the 404 Permit (whichever is later).
A sample deed notification format can be downloaded from the 401/Wetlands Unit
website at http://enr.state.ne.us?ncwetlands. DWQ shall be sent copies of all deed
restrictions applied to these lots. As of the date of this letter, this Office has not
received a recorded copy of the deed notification.
This Office requests that you respond to this letter in writing within 30 days of receipt
of this Notice. Your response in writing should address the following items:
1. Send a copy of the recorded Deed notifications on all the remaining
wetlands on the subject property (please remember to omit the sections
for the proposed driveways), to the Wilmington Regional Office within 30
calendar days of receipt of this letter.
2. A description of your restoration plan that must include how you plan to
remove the fill material from the wetland and stream segment and how
you will keep additional impacts from occurring to the remaining
wetlands on site. It is recommended that you use hand labor (buckets,
shovels and wheelbarrows) to remove deposited sediment from the
wetlands and stream channel.
Page 3 of 3
Mr. Eric A. Litvak
Castle Ventures LLC
Pender County
3. Your efforts to come in full compliance with the NPDES Stormwater
permit No NCGO100000 and maintain a rain gauge on site and keep
records of the rain fall in addition to maintaining written records of
inspections of all erosion control measures and stormwater discharges
once a week and after each 0.5 inches of rain in a 24 hour period.
Thank you for your attention to this matter. Please note, these violations and any future
violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. This Office is considering sending a recommendation for enforcement to the
Director of the Division of Water Quality regarding these issues and any continued
violations that may be encountered. Your response to this correspondence will be
considered in this process. Should you have any questions regarding these matters,
please contact Jean Conway or Joanne Steenhuis at 910 -796-7215.
ZerelyBeck
Regional Supervisor
Surface Water Protection Section
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Ronnie Smith, USACE Wilmington
Luke Menius, Stroud Engineering
Land Quality Section WiRO, Trent James
DWQ Central Files
WiRO