20080111 Ver 1_Notice of Violation_20090420

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
April 20, 2009
Sankey Properties, LLC
Attn: Mr. Riley Evans
P.O. Box 847
Clarkton NC 28433
Subject: Westgate Best Western
NOTICE OF VIOLATION (NOV-2009-PC-0370)
Construction Stormwater Permit NCGO10000 (NCR001633),
401 Water Quality Certification (DWQ # 2008-0111)
Brunswick County
Dear Mr. Evans:
On April 9, 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 Westgate Best Western, located
off of NC 17, in Brunswick County, 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 NCGO 10000. A Construction
Stormwater General Permit (NCG0 10000) 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
February 6, 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
I. 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%a Recycled/10% Post Consumer Paper
Phone [phone]
FAX [phone]
One
rthCarolina
Np
Customer Servicel-877-623-67 a&rally
Internet: h2o.enr.state.nc.us
2
Westgate Best Western
Brunswick County
NOV-2009-PC-0370
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 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. *Project personnel not available during
DWQ site inspection.
II. 401 Water Quality Certification - The WQC approved the impact of 0.08 acres of
404 wetlands to complete your project as described in your January 14, 2008
application. Condition 4 of general certification 3705 requires compliance with the
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.
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
Kimberly Garvey - USACE Wilmington Field Office
WiRO