20061327 Ver 2_Notice of Violation_20090407

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
April 1, 2009
Watermark New Hanover, Ltd Partnership
Mr. Mark Tipton
8450 Falls Of The Neuse Road, Suite 202
Raleigh NC 27615
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Subject: NOWatermark Landing TICE OF VIOLATION NOV-2009-PC-0321 os/nr?j?¢ FRENc
Construction Stormwater Permit NCG010000 (NCR001600),
401 Water Quality Certification (DWQ # 2006-1327v2)
New Hanover County
Dear Mr. Tipton:
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 Watermark Landing, located off
of River Road, 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 numbers 3687 & 3704 granted on June 4, 2008. 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
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.
Non?thCarolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-67 ?%?/atj?ra???
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
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Watermark Landing
New Hanover County
NOV-2009-PC-0321
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 0.0352 acres of 404
jurisdictional wetlands to complete your project as described in your May 2008 application.
a) Condition 3 of the certification requires that, "The wetland boundary must be clearly
identified on all lots that have jurisdictional wetlands present as depicted on the
jurisdictional determination map signed by the U.S. Army Corps of Engineers. The
wetland boundary identification (flagging, fencing, etc....) must be maintained on each
lot until the lot is sold. During the DWQ inspection it was observed that there was no
wetland boundary identification.
b) Condition 4 of the certification requires that, a recorded copy of the deed restrictions and
the associated preservation map approved by the U.S. Army Corps of Engineers
Wilmington Regulatory Office must be submitted to this Office and to the 401 Oversight
and Express Unit in Raleigh before the impacts to wetlands and the stream approved by
this certification can take place. As required by the 401 WQC, provide proof of the
recorded deed restrictions and preservation map.
c) Condition 5 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."
d) Condition 7 of the 401 WQC requires full compliance with the permit
conditions of Construction Stormwater General Permit NCGO10000.
III. Wetlands Standards - Excavation of wetlands directly adjacent to River Road was observed
during the inspection. These impacts were not authorized in either version of the 401 WQC's
previously issued by the DWQ. 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
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Watermark Landing
New Hanover County
NOV-2009-PC-0321
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 and with the Construction Stormwater general
permit NCG010000. Include a detailed implementation schedule with a final date of compliance.
5. A statement documenting that wetland boundaries are clearly identified on the site as depicted on
the jurisdictional determination map signed by the U.S. Army Corps of Engineers.
6. Provide proof of the recorded deed restrictions and preservation map.
7. Explain why impacts have occurred in 404 wetlands adjacent to River Road without 401
authorization and either provide a restoration plan for these wetlands or submit a PCN application
to the DWQ and the US Army Corps of Engineers for "after-the-fact" authorization of these
impacts.
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 - 401 Oversight/Express Review Permitting Unit
Dave Timpy - USACE Wilmington Field Office
Emily Hughes - USACE Wilmington Field Office
WiRO