NOV Ver 1_Notice of Violation_20090121

p?p? W A T fiRQG Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
January 21, 2009
CERT MAIL #7008-1140-0002-9563-1977 CERT MAIL #7008-1140-0002-9563-1984
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Mr. John West, Jr. Mr. Willie Moore
1410 Shore Drive 305 Wards Bridge Road
Surf City, NC 28445 Warsaw, NC 28398
CERT MAIL #7008-1140-0002-9563-1991
RETURN RECEIPT REOUESTED
Ms. Sally J. Herring
1605 US Hwy 117
Warsaw NC 28398
Subject: NOTICE OF VIOLATION
Parcel #'s 248300080509, 247300788173,
248400011595,& 245400808693
Duplin County
Dear Messrs. West & Moore & Ms. Herring:
On January 14, 2009, Mr. Chad Coburn and Ms. Jean Conway from the Wilmington
Regional Office of the Division of Water Quality conducted a site inspection for the
property at Parcel #'s 248300080509, 247300788173, 2484000115955 & 245400808693,
Duplin County, North Carolina. The site visit revealed that the subject properties have the
following violations as detailed below:
(I) Removal of Best Usage
(II) Wetland Standards
1. Removal of Best Usage - Earthen fill and drainage pipes have been placed within an
Un-named Tributary to Maxwell 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 and drainage pipes 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
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -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 NorthCarc
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Page 2
Johnson Church Road Site
Duplin County
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.
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. Explain why these impacts occurred without prior authorization.
2. Stream Restoration Plan - Explain how you plan to remove the earthen fill and
drainage pipes. 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 - Explain how you plan to remove the earthen fill and
drainage pipes 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 or Jean Conway at (910)
796-7215.
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit
Cyndi Karoly - Wetlands 401 Unit
Emily Burton Hughes - USACE Wilmington, P.O.Box 1890, Wilmington,
NC 28402
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