20042058 Ver 1_Notice of Violation_20090318

A?
12= ?
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretarv
March 18, 2009
Certified Mail - 7008-1140-0002-9563-2103
Juniper Creek, LLC
Mr. Jeff Harvell
P.O. Box 56
Winnabow NC 28479
Certified Mail - 7008-1140-0002-9563-2110
Juniper Creek, LLC
Mr. Peter McCallum
P.O. Box 173
Winnabow NC 28479
Certified Mail - 7008-1140-0002-9563-2103
JBR Enterprises of Winnabow, Inc.
Mr. Jeff Harvell
P.O. Box 56
Winnabow NC 28479
Certified Mail - 7008-1140-0002-9563-2127
Juniper Creek, LLC
Mr. John Horton
P.O. Box 173
Winnabow NC 28479
Subject: Juniper Creek
NOTICE OF VIOLATION (NOV-2009-PC-0246)
Construction Stormwater Permit NCG010000 (NCR001520),
401 Water Quality Certification (DWQ # 2004-2058), & State Stormwater
Permit (SW8050309)
Brunswick County
Dear Mr. Harvell:
On March 13, 2009, Mr. Chad Coburn and Mr. Steve Pusey from the Wilmington Regional
Office of the Division of Water Quality conducted a site inspection for the tract/project known as Juniper
Creek, located in Leland, North Carolina.
The site visit and file review revealed that the subject project has an approved Erosion and
Sedimentation Control Plan and is covered by Stormwater General Permit NCG010000. A Construction
Stormwater General Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation
Control Plan. This permit applies to projects that receive a Division of Land Resources (DLR) (or local
delegated program) Erosion and Sedimentation Control Plan for land disturbance of 1 acre or greater.
Specifically, the General Permit (NCGO10000) authorizes the discharge of stormwater under the National
Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A North Carolina
Administrative Code 2H.0100. In addition, this project was inspected for compliance with the 401 Water
Quality Certification with Additional Conditions covered by certification number 3402 granted on March
17, 2005 and for compliance with the State Stormwater Permit also issued on March 17, 2005. These
inspections revealed that the subject property has the following violations as detailed below:
(I) Construction Stormwater General Permit NCG010000
(II) 401 Water Quality Certification
(III) Wetlands Standards
(IV) State Stormwater Permit
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone]
FAX [phone]
N?o,?e Carolina
Customer Service 1-877-623-67 NWat'W!lf
Internet: h2o.enr.state.nc.us
2
Juniper Creek
Brunswick County
NOV-2009-PC-0246
1. Construction Stormwater General Permit NCGO10000
a) Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was
not on site and available for review.
b) Rain Gauge (Part I. Section B. No. 1.)
A rain gauge was not observed on site at the time of inspection.
c) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review. *Project
personnel not available during DWQ site inspection.
d) Minimum Monitoring and Record Keening (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event, were
not on site and available for review. *Project personnel not available during
DWQ site inspection.
II. 401 Water Quality Certification - The WQC approved the impact of 0.381 acres of 404
wetlands to complete your project as described in your March 11, 2005 application. It appears
that new construction has begun in the wetland area north of the cul-de-sac on Creek Bend
Road.
a) Condition 1 of the 401 WQC states, "No waste, spoil, solids, or fill of any kind
shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the PCN. All construction activities ...... shall be performed
so that no violations of state water quality standards, statutes, or rules occur."
b) Condition 2 of the 401 WQC states, "Deed notifications or similar mechanisms or
similar mechanisms shall be placed on all remaining wetlands. These
mechanisms shall be in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 permit.
III. Wetlands Standards - Ditches have been dug directly adjacent to the northern 404 wetland
boundary along the entire site. This is a violation of the following:
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
3
Juniper Creek
Brunswick County
NOV-2009-PC:-0246
IV. State Stormwater Permit - Failure To Build According To Plan - Permit conditions
require that the permittee shall submit to the Director and shall have received approval
for revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans.
a) It appears that at least one or more lots have changed on this project. Specifically, lot 2
currently has 2 houses built on it.
b) Many, if not all lot numbers in the field do not match the plans.
Required Response - You are directed to respond to this letter in writing within 30 days of receipt.
Your response should include the following:
1. A statement documenting that the approved Erosion and Sediment Control Plan is on-site and
available for review and that a rain gauge has been properly installed as required by the permit.
2. Include all rain gauge data collected from the date of land disturbance up to the date of your
response. If you do not have data, explain why.
3. Provide all inspection records from the date of land disturbance up to the date of your response.
If you do not have records, explain why.
4. Provide proof of the recorded deed restrictions and preservation map.
5. Have the approved, delineated wetlands staked out on the site per the approved survey.
6. Explain why new construction has begun north of the cul-de-sac at the end of Creek Bend Road
in 404 wetlands and provide a restoration plan for these wetlands.
Provide a restoration plan for the impacted wetlands adjacent to the ditches on the site including a
description of the methods that will be used to remove the side-cast fill in the wetlands and the
methods that will be used to stabilize and replant the impacted areas. The swales permitted in the
State Stormwater plan should be installed at a 3:1 slope and stabilized in accordance with the
permit.
8. Explain why some lots have more than one house built on them.
9. Explain the discrepancies between the approved site plan and what has actually been built at the
site with respect to the lot numbers and street names.
10. Submit an accurate and revised stormwater plan and a site plan with the correct lot areas and
numbers.
11. Indicate in your response a detailed schedule with dates explaining when the wetland restoration
activities will be accomplished, and if you plan to seek a permit for the impacts, when an
application will be submitted.
4
Juniper Creek
Brunswick County
NOV-2009-PC-0246
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 Steve Pusey at [phone].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 4010versight/Express Review Permitting Unit
Kimberly Garvey - USACE Wilmington Field Office
Georgette Scott - Wilmington DWQ
Steve Pusey - Wilmington DWQ
WiRO