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HomeMy WebLinkAbout2016-7-5 and 2015-11-10 Seascape NOVs1•Vatef Resources F INVIRONMENTAL QUALITY PAT MCCRORY DONALD R. VAN DER VAART JS. JAY ZIMMERMAN July 5, 2016 CERTIFIED MAIL #7010-0290-0003-0834-4957 RETURN RECEIPT REQUESTED Seascape at Holden Plantation POA, Inc. Registered Agent: WASLAW, LLC, Troy J. Smith, Jr P.O. Box 867 New Bern, NC 28563 CERTIFIED MAIL# 7010-0290-0003-834-4964 RETURN RECEIPT REQUESTED Seascape at Holden Plantation POA, Inc. 131 Ocean Boulevard West Holden Beach, NC 28462 Subject: CONTINUING NOTICE OF VIOLATION and RECOMMENDATION NOV-2015-WT-0002 Seascape at Holden Plantation Brunswick County To Whom it concerns: EQR ED4ENT D L Co 19 016 JUL 0 8 2016 DEQ -WATER RESOUR EE 401 8 BUFFER PERMITTING Please see the attached CONTINUING NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT (NOV) which was issued from the Division of Water Resources (DWR) on November 10, 2015 to Seascape at Holden Plantation, LLC. DWR records indicate that Seascape at Holden Plantation Property Owners Association (POA), Inc. is the current owner of the land parcel, specifically Brunswick County PIN 202616848352 and Parcel ID 233HA00105. This area contains impacted wetlands which has resulted in violations of Title 15A North Carolina Administrative Code 02B .0231. These impacts and violations are detailed in the attached letter. Upon your receipt of this notice, Seascape at Holden Plantation POA, Inc. is hereby notified of the ongoing water quality violations on the property. Requested Response Accordingly, you are requested to respond to this letter in writing within 30 calendar days of your receipt of this Notice. Your response should be sent to this office at the letterhead address and include the Required Response items as detailed in the November 10, 2015 letter attached. Thank you for your immediate attention to this matter. This office requires that the violations, as detailed above, be properly resolved. This Office is sending a recommendation for enforcement to the Director of the Division of Water Resources and/or an injunction relief request to the Attorney General's Office regarding the violations on the subject site. Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 W I� 919 807 6300 Seascape at Holden Plantation Brunswick County Pa age 2 of 2 above mentioned response to this correspondence, the degree and extent of harm to the environm6' it and the duration and gravity of the violation(s) will be considered in any further process that may occur. Should you have any questions regarding these matters, please contact Chad Coburn at (910) 796-7379 or me at (910) 796-7215. Sincerely ,/I QN- Jim G Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Attachment: Continuing Notice of Violation with Recommendation for Enforcement dated November 10, 2015 cc: Mark A. Saunders, Seascape at Holden Plantation, LLC, 131 Ocean Blvd West, Holden Beach, NC 28462 Craig Bromby— Deputy General Counsel, DEQ, 1601 Mail Service Center, Raleigh, NC 27633-1601 Tyler Crumbley — USACE Wilmington Field Office Shelton Sullivan — 401 & Buffer Permitting Branch DWR WIRO—file copy