20081461 Ver 1_Notice of Violation_20090407

NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretarv
April 1, 2009
SECOF
Coffer Investment Properties II, LLC
Mr. Kenneth Coffer Mr. Matt Murphy
1202 North Lake Park Boulevard, Suite A 1202 North Lake Park Boulevard, Suite A
Carolina Beach NC 28428 Carolina Beach NC 28428
V u C`am` ! ? f ?
Subject: Coral Ridge 4 D
NOTICE OF VIOLATION (NOV-2009-PC-0318) R .
Construction Stormwater Permit NCG010000 NCR001406 'Et ' P'svR. h??>y
A401 Water Quality
rtification (DWQ # 2008-1461)
New Hanov ???St?R??i'q?4ER?cx
er County
Dear Messrs Coffer & Murphy:
On March 23, 2009, Mr. Chad Coburn from the Wilmington Regional Office of the Division of
Water Quality conducted a site inspection for the tract/project known as Coral Ridge, located off of
US421, Wilmington, 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
NCGO10000. 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 3705 granted on January 30, 2009. 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
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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
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2
Coral Ridge
New Hanover County
NOV-2009-PC-0318
c) Rain Gauge Data (Part I. Section B. No. 1.)
Rain gauge data, measured daily, was not on site and available for review.
d) Minimum Monitoring and Record Keeping (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.
II. 401 Water Quality Certification - The 401 WQC approved the impact of 0.166 acres of 404
wetlands to complete your project as described in your December 2008 application.
a) Condition 4 of General Certification 3705 requires full compliance with the permit
conditions of Construction Stormwater General Permit NCGO 10000.
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. List and explain all actions you have taken or plan to take to achieve full compliance with the
approved Erosion & Sedimentation Control Plan, the Construction Stormwater general permit
NCGO10000. Include a detailed implementation schedule with a final date of compliance.
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 at [phone].
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 40 1 Oversight/Express Review Permitting Unit
Emily Hughes - USACE Wilmington Field Office
WiRO