NOV-2009-OP-0005 Ver 1_Notice of Violation_20090216

NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Resources
Dee Freeman
Secretarv
February 16, 2009
Certified Mail - 7008-1140-0002-9563-2073
Carol Lynn Properties, LLC
Adam R. Lisk
7616 Hawk Road
Wilmington NC 28411
Certified Mail - 7008-1140-0002-9563-2066
Adam R. Lisk
6263 Ingleside Drive
Wilmington NC 28409
Subject: NOTICE OF VIOLATION
NOV-2009-OP-0005
South 17
Wetland Standards
Failure To Obtain Isolated Wetlands Permit IWGP100000
Brunswick County
Mr. Lisk:
On December 19, 2008, Mr. Chad Coburn of the Division of Water Quality conducted a site inspection for the
tract/project known as South 17, located off of NC 17 South and Carol Lynn Drive in Brunswick County, North
Carolina.
Inspection Results:
The following violations were noted during the December 19'h inspection:
(I) Wetland Standards
(II) Failure To Obtain Isolated Wetlands Permit IWGP100000
1. Wetland Standards - Approximately one acre of Isolated wetlands have been excavated at the South 17 site off
of Carol Lynn Road in Brunswick County. This excavation 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 that may cause adverse
impacts on existing wetlands uses.
15A NCAC 02B .0231 (b) (5) requires that:
Hydrological conditions necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations
1. Failure To Obtain Isolated Wetlands Permit IWGP100000 - DWQ site visits and file review confirmed that
impacts to wetlands have occurred without a permit from the DWQ. A Pre-Construction Notification application is
required to be submitted to DWQ prior to the above-mentioned impacts pursuant to 15A NCAC 2H .1300.
NofthCarolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-67 aturallry
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2
South 17
Brunswick County
NOV-2009-OP-0005
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are encouraged to secure a
consultant to assist you with maps, plans, applications, and other documentation necessary to bring your site into
compliance. Your response must include the following:
1. Explain when construction (excavation, grubbing, and clearing) began at the site.
2. Provide a surveyed wetland delineation map and explain why the appropriate Isolated Wetlands Permit
IWGP100000 was not secured.
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.
These violations, as detailed above, are required to be immediately and properly resolved and 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
Jennifer Frye - USACE Wilmington Field Office
Kimberly Garvey - USACE Wilmington Field Office
Central Files
WiRO files