NOV-2008-SS-0046 Ver 1_Notice of Violation_20081120

W A7-
,9QG Michael F. Easley, Governor
-William f floss-r. Secretary--- -
North Carolina Department of Environment and Natural Resources
? y
Q Colleen Sullins, Director
Division of Water Quality
November 20, 2008
CERT MAIL #7008-1140-0002-9563-1892 CERT MAIL #7008-1140-0002-9563-1908
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Mr. Robert Wilson Ms. Jessie Steadman
P.O. Box 721 15 West 123rd Street #4-B
Supply NC 28462 New York City NY 10027
Subject:
Dear Mr. Wilson & Ms. Steadman:
NOTICE OF VIOLATION
NOV-2008-SS-0046
Parcel #2000008705 - Windy Ridge Trail
Brunswick County
On November 19, 2008, Mr. Chad Coburn from the Wilmington Regional Office of the
Division of Water Quality conducted a site inspection for the property at Parcel
#2000008705 - Windy Ridge Trail, Brunswick County, North Carolina. The site visit
revealed that the subject property has the following violations as detailed below:
(I) Removal of Best Usage
(II) Wetland Standards
1. Removal of Best Usage - Concrete slabs and other debris has been placed within an
Un-named Tributary to Pamlico Creek. This is a violation of 15A NCAC 02B .0211 (2)
which 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."
II. Wetlands Standards - Earthen fill, concrete, and other debris have been placed in an
area adjacent to the above-mentioned stream that is believed to be wetlands. This may be
a violation of 15A NCAC 02B .0231 (b)(1) & (5) which states, "Liquids, fill or other
solids or dissolved gases may not be present in amounts which may cause adverse
impacts on existing wetland uses; 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 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 NOOne
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An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Page 2
Mr. Robert Wilson
NOV-2008-SS-0046
- Brunswick County - - - - - - -- --
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 days of
receipt. Your response should include the following:
1. Please explain why these impacts occurred without prior authorization.
2. Stream Restoration Plan - Please explain how you plan to remove the concrete
and other debris. The streambed must be restored to the original profile, the
stream banks must be stabilized, and any fill material must be removed from the
riparian zone. Replanting of the riparian zone will be required.
3. Wetland Restoration Plan - Please explain how you plan to remove the earthen
fill, concrete, and other debris and how the wetlands will be restored. This plan
will require an herbaceous wetland seed mix for all wetlands that are disturbed;
4. 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.
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: John Hennessey - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Kim Garvey - USACE Wilmington, P.O.Box 1890, Wilmington, NC
28402
J.B. Potter - Brunswick County Solid Waste, Building L, 179 March 9,
1794 Drive, NE, Bolivia NC 28422
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