NOV-2008-PC-0765 Ver 1_Notice of Violation_20081103

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
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G North Carolina Department of Environment and Natural Resources

3 Coleen H. Sullins, Director
Q Division of Water Quality
November 3, 2008
CERTIFIED MAIL #7007-0220-0000-8224-8875
RETURN RECEIPT REQUESTED
Hormoze Goudarzi
WPE Holdings, LLC
1721 New Hanover Medical Park Drive
Wilmington, NC 28403
Subject: Scott's Hill Medical Park - Phase I
NOTICE OF VIOLATION
NOV-2008-PC-0765
Compliance Evaluation Inspection
401 Water Quality Certification Inspection
New Hanover County
Dear Mr. Goudarzi:
In September and October 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 Scott's Hill Medical
Park - Phase I. Accordingly, the following violations and observations were noted during the Division of
Water Quality inspection:
(I) Wetlands Standards
(II) 401 Water Quality Certification
1. Wetlands Standards - A dirt road and a culvert was observed to be impacting wetlands on the site in
such a way as to cause a significant change in hydrology within the wetlands. 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. 401 Water Qualitv Certification - This project was also inspected for compliance with the 401 Water
Quality Certification covered by general certification number GC3402 for the deemed certification
corresponding to the issuance of a Nationwide 39 permit from the U.S. Army Corps of Engineers on
December 14, 2005. The 401 WQC allowed for 0.09 acres of wetland impacts. This project has violations
of the 401 WQC as follows:
a) Condition 9 of GC 3402 states, "Design and placement of culverts including open bottom or
bottomless arch culverts and other structures including temporary erosion control measures shall
not be conducted in a manner that may result in aggradation, degradation or significant changes in
hydrology of wetlands or stream beds or banks, adjacent to or upstream and downstream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to so in writing by DWQ."
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 One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarO
Amnia,
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Scott's Hill Medical Park - Phase 1
New Hanover County
b) Wetland Impact #1 as authorized was for a road crossing to be 60 feet in width. Two brick end
walls were to be constructed with an 18 inch culvert. As observed during the inspection, the
roadway is only approximately 15 feet wide with no end walls installed. The 18 inch culvert was
not installed as authorized.
c) The existing Nationwide Permit 39 expired on March 18, 2007. Therefore, the deemed 401 Water
Quality Certification GC 3402 has also expired. If you wish to construct the road crossing as
previously authorized, you will need to re-apply for written authorization.
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. Your response should
include the following:
1. Explain when the impacts to the wetlands occurred and why the road crossing was not constructed
as required.
2. Permit Application - If you wish for any impacts to remain in place, you must contact the
U.S. Army Corps of Engineers (USAGE) for information on the type(s) of permit required.
Application for a 401 Water Ouality Certification to DWO will also be required.
3. Indicate in your response a detailed schedule with dates explaining when the restoration will be
accomplished, and if you plan to seek a permit for the impacts, when an application will be
submitted.
4. Explain how hydrology will be restored for Wetland Impact #1.
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 y, - 3
Edward Beck
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Kimberly Garvey - USACE Wilmington Field Office
Jennifer Frye - USACE Wilmington Field Office
Central Files
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