NOV-2008-OP-0058 Ver 1_Notice of Violation_20081029

QF W ATFi9 Michael F. Easley, Governor
C? Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
j r Coleen H. Sullins, Director
-I
p Chuck Wakild, P.E., Deputy Director
October 29, 2008
CERTIFIED MAIL #7007 3020 0001 8861 4409
RETURN RECEIPT REQUESTED
Mrs. Donna C. Rowe
3418 Gilead Shore Road
Blount's Creek NC 27814
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-OP-0058
Rowe
Wetland Standard Violation
Stream Standard Violation
Failure to Secure a 401 WQ Certification
Beaufort County
Dear Mrs. Rowe:
On October 28, 2008, Roberto Scheller conducted an on-site visit of the subject property for
review as part of the 401 permitting process. An after-the-fact application for a 401 permit and
buffer impacts was received in this Office on October 20, 2008. The subject property is located at
3418 Gilead Shores Road (SR1119) in Beaufort County.
During the site inspection, staff observed unauthorized fill material placed in a stream and
wetlands in the form of culvert and roadway fill. The area of unauthorized material within the
stream and wetlands was approximately 3050 square feet (0.07 acres). This fill is in violation of
state wetland and stream standards.
As a result of the site inspection and file review, the following violations, detailed below, are
noted:
(1) Wetland Standard Violation
(2) Removal of Best Use
(3) Failure to Secure a 401 Water Quality Certification
(4) Failure to Secure Tar-Pamlico Buffer Authorization
(5) Failure to Secure Stormwater General Permit NCGO10000
Item I. Wetland Standard Violation
The unauthorized fill of approximately 3050 square feet (0.07 acres) of jurisdictional wetlands
represents violations of 15A NCAC 02B .0231 which states in (b) (1) Liquids, fill or other solids or
dissolved gases may not be present in amounts which may cause adverse impacts on existing
wetland uses; (5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 3
Mrs. Donna C. Rowe
Beaufort County
Item II. Removal of Best Use
Title 15A North Carolina Administrative Code 02B .0211 (2) states
The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of
these uses on either a short-term or long-term basis shall be considered to be violating a water
quality standard.
Item III. Failure to Secure a 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 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 2H .0500.
Item IV. Failure to Secure Tar-Pamlico Buffer Authorization
DWQ site visits and file review confirmed that impacts occurred without a Buffer Authorization
Certificate. The file review confirmed that a neither a signed Buffer Authorization Certificate nor a
Pre-Construction Notification (PCN) has been received by the Division of Water Quality for this
project. An approved Buffer Authorization Certificate is required prior to the above-mentioned
impacts pursuant to 15A NCAC 02B .0259(8).
Item V. Failure to Secure Stormwater General Permit NCG010000
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 five
acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be applicable to point
source discharges of stormwater 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.
Requested Response
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of
this Notice and should address the following items:
1. Please explain when construction (excavation, grubbing, and clearing) began at the site.
2. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were
not secured.
3. 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:
Page 3 of 3
Mrs. Donna C. Rowe
Beaufort County
a.) The restoration plan must detail how sediment that has washed into the stream and
wetlands will be removed and stream 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.) 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.
c.) Please indicate in your response a schedule with dates detailing when the restoration
will be accomplished.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
continuing violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, 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 either Roberto Scheller
at 252-948-3940 or myself at [phone].
LIincerely, Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: John Hennessey - NPS Assistance and Compliance Oversight Unit
W?RO Files
yndi Karoly - 401 Oversight and Express Permits Unit
Amy Chapman-Riparian Buffer Program Central Office
CAMA, Regional Office
Division of Land Resources, WaRO
U.S. Army Corps of Engineers
County/City Building Inspector