20070924 Ver 1_Notice of Violation_20090407

LVI-IWA
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
Cypress Grove Land, LLC
Mr. Steve Shuttleworth
7741 Market Street, Suite H
Wilmington NC 28411
Cypress Grove Land, LLC
Mr. Steve Shuttleworth
720 North 3`d Street
Wilmington NC 28401
?, _ ? : It t
APR `?Lf)n
1WRANDS AND S70RSVf?NA?ER BRANGM
Subject: Tarin Woods
NOTICE OF VIOLATION (NOV-2009-PC-0320)
Construction Stormwater Permit NCGO10000 (NCR000877),
401 Water Quality Certification (DWQ # 2007-0924)
New Hanover County
Dear Mr. Shuttleworth:
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 Tarin Woods, 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
NCG010000. A Construction Stormwater General Permit (NCG010000) 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 211.0100. In addition, this project was inspected for
compliance with the 401 Water Quality Certification with Additional Conditions covered by certification
number 3631 granted on June 20, 2007. 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
I. Construction Stormwater General Permit NCG010000
a) Maintenance of Erosion Control Measures (Part I Section C• No 2.)
According to the Sedimentation Inspection Report from New Hanover County dated
March 17, 2009, the project was cited for failing to maintain the erosion control
measures.
b) Following the Approved Plan (Part I Section A No 2.)
According to the Sedimentation Inspection Report from New Hanover County dated
March 17, 2009, the project was cited for failing to follow the approved plan.
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]
Natural Resources
One orthCarolina
Customer Servicel-877-623-67 6l wrally
Internet: h2o.enr.state.nc.us
2
Tarin Woods
New Hanover County
NOV-2009-PC-0320
II. 401 Water Quality Certification - The 401 WQC approved the impact of 173 linear feet of
perennial stream to complete your project as described in your May 2007 application.
a) Condition 2 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."
b) Condition 3 of the 401 WQC states, "Erosion and sediment control practices must be in
full compliance with all specifications governing the proper design, installation, and
operation & maintenance of such BMP's in order to protect surface water standards."
Required Response - You are directed to respond to this letter in writing within 30 days of receipt.
Your response should include the following:
1. 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.
2. Submission of a Stream Restoration Plan for our review and approval. Sediment in the
stream at depths greater than two (2) inches must be removed to high ground and
stabilized. Sediment must be removed manually using shovels and buckets. The
streambed must be restored to the original profile and the stream banks must be stabilized
where necessary. Also, include a detailed implementation schedule.
3. 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,
4
Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey - NPS-ACO Unit, Archdale Building
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Emily Hughes - USACE Wilmington Field Office
WiRO