NCG010000 Ver 1_Notice of Violation_20081103

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Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
0 North Carolina Department of Environment and Natural Resources
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--{ Coleen H. Sullins, Director
0 Division of Water Quality
November 3, 2008
CERTIFIED MAIL #7007-0220-0000-8224-8882
RETURN RECEIPT REQUESTED
Kevin Hancock
919 Searidge Lane
Carolina Beach, NC 28428
Subject: Lot 54 Winds Ridge - 348 Golden Road
NOTICE OF VIOLATION
NOV-2008-PC-0766
Compliance Evaluation Inspection
Construction Stormwater Permit - NCGO10000
NCR000656
Failure to Obtain 401 WQC
New Hanover County
Dear Mr. Hancock:
On August 25, 2008 and October 28, 2008, Mr. Chad Coburn from the Wilmington
Regional Office of the Division of Water Quality conducted a site inspection for the
tract/project known as Lot 54 Winds Ridge - 348 Golden Road, located off of Golden
Road, New Hanover County, 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.
A Construction Stormwater General Permit (NCGO10000) is issued upon the approval of
an Erosion and Sedimentation Control Plan. This permit applies to projects that receive a
Division of Land Resources (DLR) (or local delegated program) Erosion and
Sedimentation Control Plan for land disturbance of 1 acre or greater. Specifically, the
General Permit (NCGO10000) authorizes the discharge of stormwater under the National
Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A North
Carolina Administrative Code 2H.0100.
Inspection Results - The following observations and/or violations were noted during the
inspections:
(1) Wetland Standards
(2) Failure To Obtain 401 Water Quality Certification
(3) Construction Stormwater General Permit NCGO10000
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877$23-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
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Page 2
Lot 54 Winds Ridge - 348 Golden Road
New Hanover County
1. Wetland Standards - According to the September 22, 2008 letter from the U.S.
Army Corps of Engineers, approximately 0.10 acres of 404 wetlands have been impacted
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 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.
III. Construction Stormwater General Permit NCGO10000 -
1) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan
was not on site and available for review.
2) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on site at the time of inspection.
3) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review.
*Project personnel not available during DWQ site inspection.
4) Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not on site and available for review. *Project personnel not available during
DWQ site inspection.
Page 3
Lot 54 Winds Ridge - 348 Golden Road
New Hanover County
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. Your
response should include the following:
A statement documenting that the approved Erosion and Sediment Control Plan is
on-site and available for review and that a rain gauge has been properly installed
as required by the permit.
2. Include all rain gauge data collected from the date of land disturbance up to the
date of your response. If you do not have data, explain why.
Provide all inspection records from the date of land disturbance up to the date of
your response. If you do not have records, explain why.
4. List and explain all actions you have taken or plan to take to achieve full
compliance with the approved Erosion & Sedimentation Control Plan and with
the Construction Stormwater general permit NCGO10000. Include a detailed
implementation schedule with a final date of compliance.
5. Explain when construction (excavation, grubbing, and clearing) began at the site.
6. Explain why the appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
7. 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.
8. 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.
9. 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;
Page 4
Lot 54 Winds Ridge - 348 Golden Road
New Hanover County
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 matters, please contact Chad Coburn at [phone].
Sinc ely,
Edward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
cc: Beth Wetherill - New Hanover County, Engineering Dept., 230
Government Center Drive, Suite160, Wilmington NC 28403
John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Kimberly Garvey - USACE Wilmington Field Office
Central Files
W1RO