NOV-2008-OP-0057 Ver 1_Notice of Violation_20090126

W pF W ArFR Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
7 North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
January 26, 2009
CERT MAIL #7009-1140-0002-9563-2011
RETURN RECEIPT REOUESTED
Mr. Gary Barnes
803 Academy Street
Fair Bluff NC 28439
Subject: CONTINUING NOTICE OF VIOLATION WITH INTENT TO ENFORCE
NOV-2008-OP-0057
Property #'s 80345
Wetland Standards
Failure to Obtain 401 WQC
Failure to Obtain NCGO 10000
Columbus County
Dear Mr. Barnes:
On October 15, 2008, Mr. Chad Coburn of the Division of Water Quality conducted a site
inspection for the tracts on Columbus County Property # 80345 off of Andrew Jackson Highway (U.S. 76),
Columbus County, North Carolina. A Notice of Violation was issued by the DWQ on October 24, 2008,
addressing the violations observed during this inspection. In addition, a December 10, 2008, Notification
of Unauthorized Activity from the U.S. Army Corps of Engineers instructed you to remove any side-cast
material in wetlands, to plug the newly excavated ditches that were draining the site, and to backfill any
ditches within wetlands. You were given two weeks to complete these tasks.
On January 21, 2008, the DWQ became aware that the ditches on the site were still being allowed
to drain the wetlands, and some of the fill material in the wetlands had still not been removed. In a phone
conversation with you on January 22, 2008, you indicated that you had found a contractor to perform the
needed remedial work on the site. You are hereby required to have the above-mentioned ditches plugged
and backfilled and all unauthorized fill removed from the wetland areas on your site by February 27, 2008,
to avoid further enforcement action by the DWQ. These violations, as detailed above, 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].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Dan Sams - DLR Wilmington
Emily Burton - USACE Wilmington, P.O.Box 1890, Wilmington, NC 28402
Central Files
WiRO files
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 NonehCarO
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