20080402 Ver 1_Notice of Violation_20090309

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NCDENR.
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
March 9, 2009
Certified Mail - 7008-1140-0002-9563-2097
Derek Dunn
Cedar Creek Commons
5039 Highway 11 South
P.O. Box 1639
Winterville NC 28590
Subject: NOTICE OF VIOLATION
NOV-2009-SS-0007
Cedar Creek Commons
Wetland Standards
Stream Standards
Brunswick County
Mr. Dunn:
On March 5, 2009, Mr. Chad Coburn of the Division of Water Quality conducted a site inspection for the
tract/project known as Cedar Creek Commons, located off of Car-Griff Road, Shallotte in Brunswick County, North
Carolina.
Inspection Results:
The following violations were noted during the March 5th inspection:
(I) Wetland Standards
(II) Stream Standards
1. Wetland Standards - Sediment is being deposited in wetlands adjacent to the stream crossing on this site. This
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
II. Other Waste (In-stream sediment) - An undeterminable amount of sediment has been released into Sharron
Creek adjacent to the road crossing on Car-Griff Road. This impact represents a violation of 15A NCAC 211 .0211
(3) f, which states: Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the
palatability of fish, aesthetic quality or impair the waters for any designated uses;
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NofthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
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Cedar Creek Commons
Brunswick County
NOV-2009-SS-0007
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:
A Wetland and Stream Restoration Plan for our review and approval prior to proceeding with any
restoration activities.
a. This plan must include a detailed assessment/delineation of sediment impacts and depth
measurements on site and downstream of the subdivision property line. This plan must include a
map that exactly depicts the wetlands on the tract and a description and quantification of the
impacts to the wetlands and streams.
b. Sediment in the wetland and stream at depths greater than two (2) inches must be removed and
taken to high ground and stabilized. Sediment must be removed manually using shovels and
buckets.
c. The streambed must be restored to the original profile and the stream banks must be stabilized
where necessary.
2. Please indicate in your response a schedule with dates detailing when the restoration will be accomplished.
This schedule should include a three-year monitoring plan to ensure that the wetlands are restored.
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
Ian McMillan - Wetlands 401 Unit
Jennifer Frye - USACE Wilmington Field Office
Kimberly Garvey - USACE Wilmington Field Office
David Edmunds - LDG Properties, 530 Causeway Drive, Suite T-4, Wrightsville Beach, NC
28480
WiRO files
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