2016-7-5 and 2015-11-10 Seascape NOVs (2)

North Carolina Department of Environmental Quality
Pat McCrory
Donald ld R. van der Vaart
Secretary
CERTIFIED MAIL #17010-0290-0003-0834-4933
RETURN RECEIPT REQUESTED
Seascape at Holden Plantation, LLC
Mr. Mark Saunders
131 Ocean Boulevard West
Holden Beach, NC 28462
subject: Continuing Notice of Violation with Recommendation for Enforcement
NOV-20215-1iVT-0002
Seascape at Holden Plantation
Brunswick County
Dear Mr. Saunders:
On March 19, 2010, the Division of Water Ctuality, now known as the Division of Water Resources (DWR)
sent a Notice of Violation with Recommendation for Enforcement for the adverse impacts to
approximately c acres of wetlands from impacting wetland hydrology from the installation of an
underdrain perforated piping system located below the Lower Pond (404 wetlands located between
Seascape Boulevard South and Versailles Boulevard otherwise commonly referred to as the "Lower
Pond"). On October 26, 2015, DWR visited the site and confirmed that the site remained unchanged
from the previous site visits. The continuing impacts to wetlands is a violation of Title SSA North
Carolina Administrative Code 02B.0231 (b) (Wetland Standards) which states:
(b) The following standards shall be used to assure the maintenance orenhancement of the existing
uses of wetlandsidentified in Paragraph (a) of this Rule;
(5) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this Notice. Your response should be sent to this office at the letterhead address and include the
following:
1. Please submit a Restoration Plan to this office for review and approval. You are encouraged to
secure a consultant to assist you with your plan development and with obtaining any permit,
Derision of Water Resources Wilmington Regional Office
127 Cardinal Dr. Ext, WitrninglDn, NC 28405
Phone [phone] Internet www-ncdenmov
An Equal Opportunity 1Affrmabve Adios Employer- Made in pail by recycled paper

Seascape at Holden Plantation, LLC
NOV-2015-WT-0002
Page 2of2
certification, and/ or authorization necessary to achieve compliance. This plan should include
the following:
a) Wetland Restoration Plan (Hydrology) — Hydrology must be restored to the wetlands
mentioned above (Lower Pond) such that they return to their natural state. This plan
should include information regarding the potential removal of the piping and any other
engineering studies that have been performed pertaining to the pipes.
b) Indicate in your response a schedule with dates detailing when the restoration will be
accomplished. This schedule should include a five-year monitoring plan to ensure that
the wetlands are restored and maintain the proper wetland criteria.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Resources regarding these issues and any
future/continued violations that may be encountered. This office requires that the violations, as
detailed above, be abated promptly and properly resolved. Environmental damage and Jor failure to
secure proper authorizations have been documented on the subject tract as stated above. Your efforts
to undertake activities to bring the subject site back into compliance is not an admission, rather it is an
action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-
215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your
above-mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur.
Should you have any questions regarding these matters, please contact Chad Coburn at 910-796-7379 or
me at 910-796-7386.
Sincerely, t'y
Jim Gre inal
Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
cc. Craig Bromby — Deputy General Counsel, Department of Environmental Quality, 1601 Mail
Service Center, Raleigh, NC 27699-1601
Shelton Sullivan - 401 Wetlands and Buffers Unit
Tyler Crum.bley — USACE Wilmington Field Office
Central Files
WiRO