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HomeMy WebLinkAbout19930163 Ver 1_COMPLETE FILE_19900507 ~EMO FROM: George T. Everett, Director Division of Environmental Management Dale S-/lfO ( TO: ~T~ Subject: P~~w! T5~~ ~~dtt0.~ ~~~-~ , ~ .. ,', ,'. .. ;, " , ." WATER QUAUTY SECnON ., l, , I ~rti'~~'~ North Carolina Department of Environment, ~. <~,,;,~ Health, and Natural Resources '%, QuAM ;;;..> 'I; 't... ~ I PORT ANT ~o Q.. -r 6- J5"7 Time 4 ~ 1'S; (). ............. .w. H.'L. E;t.O.U U. W w......E E...R RIE.i...~UT. M ....~.~.~~ Date of Phone . ~~3 AREA CODE NUMBER EXTENSION TELEPHONED CALLED TO SEE you PLEASE CALL WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.q.Depl. ofEn\Jirorime~Health,and atural Resources ^~, ,--.. IMPORTANT . To ~ Date Time M ttlH1LE YOU WERE OUT .~ of Phone AREA CODE NUMBER EXTENSION . TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL I I Message /IJFo yOu 0M7@ \ tJ'"l1 lb R.. I ~Gg , . . Signed .. N.C. Dept.of Environment, Health, and Natural Resources MRY-07-1990 16:07 FROM EHNR WILM REG OFFICE HJ F~RL -L I BPRP'{ P.02 t'" ,/,/-~-'-' ,r,~~ ~, '?"~"'"t.J;.~~~.. i;~/;~~J,,-..~ 2.\~. "."n,frl'~ ' ~~.', <'t;~I'::i-. 'IA~' '::'. ,... '. T;..;:-.'! . J~' " .. .". ,., ~.. .- \;(~~~~~~l rJerrth Carolina ~--{ealthl and Naturai Regional Office Resources hri'",.;,C ( ~, \~?tHi~HJ1 Bob Jamieson Regional Manager ;;:.:{I;~C)m1iK.~rp~ fiIll~AG,El7fE1Sr]r: . " .'.,; ',,-"', . .... .-.. ... "",...,..,.,...... .... ~ ..... ."...,. ~ - - - - - ..,....." -,.; rn',--, r - ... . ...,. - '._~' ,.".. TO: -~-._~. 1.'""'. ~~,-. c''''. -, "- "'.'-"- . , ~. - '. . - ,.-,... - -~ - ~ -- ..-:.'D',........'-l.,. '-~.. J_....." '" : . ... .:~j, s .~] :e--::=~- E~ {-. ,'e. C"--'",~ ",-,- ..=J ;J ones, 1990 Page. ,,>. ~... \\"':1 t. J='i -. .- -- .... .. -_._--, --- ;; "; '. r " '!=~ , , ",-0 ;,.: L I'- .....,., '~_...." ~ ": i ~;"J,!;t D:,;;;I':l 5~10(J r~~ceve:, ' ~ ....~ / -.:, o:n '2~{p1.r~d '.lsir the .-- .'.... ." .... , -, . . ,. - ........ ......."'. ~,.--- (il~e.aiS dd'i af:::'~C "s",' ':.)itIn~l1ded ir"ally '::::)1:18 t:rueted y .85 feE;t, r~l (;:;C2 .;;: developTIie:tI', \",i th sto:t'X(,\;) :(:oad1itd.'" r~~Mt~ c;;r les 61~'v'el OOll1.~~.-~ l.n_ -- ..... -;! a.J....h oi=._n~..~ furt.he:c first J One bride::"" foot ORW designated a II 0\'1 ~.:,:ces,=, of the _~,x1fil~t~r''';'-l't:ed on 5i te.. are with5 the 575 l:.d.L .'7_~.' ';:..::. 7.!::J5 Wrightwillc Avenue, WilmingtDti, NC ;,lHOS-,%9'J . Tdephone 919.:':;6-411;;1 · fax 919.:66-8572 $ An Equal Opportunity Affinnatiw Action Employ;r ..J'lA'(-rW-l Cj>::'C'11 F,: Vl:=: FF'I-II.'l .. '~,." ' SR r-j t;h~~ Tel F'AI -I. I BF'AF" ( F',D3 FHt1P 1.'.1 T I 1.'1 FH, I-IFF T CE . ,,,. - -." ",,, . . " - ~ -.. ~. . ,. ,..--...--" . "~ _ _ ."'" .,..... ~"-r i tC_,'(:..~_ /~ W ~r-"'-", ..". -'..= .'~'-= . 'i -.",' .~~ ' ,"-=-..- .~: :1' .. ,. "" STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR March 22, 1990 THOMAS J, HARRELSON SECRETARY Mr. Preston P. Pate, Jr. Assistant Director North Carolina Department of Natural Resources & Community Development 3411 Arendell Street Morehead City, North Carolina 28557 RE: Violation(s) of CAMA Major Development Permit No. 183-86 CAMA Violation i90-02C I ,.... ,;.l- . ..- 11 ~ ()IJ ' ' I~- ~. c. DEPARTMENT OF TRANSPORTATION . DAT~ TRANSMITTAL SLIP Jr. Peacock .,Jr.. REF.. NO~ OR -ROOM.,_BLDG. ~~..........", ~,~,.,' ~-,~'::~, REF. "O.t:iRROO~t:l" , , .'. .542.\J/ft. ACTION o NOTE AND Fll..E 0 ,PER OUR CONVERSATION o NOTE ANDR,ETURN T9 ME "OPER YOUR.~EQUEST [] RETURN WITH MOREDETAll..S. '" o FOR YOUR APPROVAL , , '. ,"',' S. FOR Y'OUR INFORMATION g:~::s:N,,:N:::RM,E," ABOUT~.., THI,ii\l @~, ~ MMENtS o PREPARE REPL.YFOR ~ '~ci~~t: D REIlORT P TAKE APPROPRIATE , ,I.,.VE. ,: COMMENTS: MAR 271990 " ~iWstvttUlC$II. , ~"?1 ",. ,ii,"',,"' ", " --"","';":',~, ",' " ,,-, nIelC~'VE, D' ",' ..:" ;'" :,;t'r d " .oF, 'FIc1 o_uH; S~CJl~IAR.'t ,....;.;. ,.;> : \'-JON - '" '. l;,~ ~'~~ \. , ~ \t*R 26 1990 ,.\1,\"\....' , , ' ' ' -1' ~.~ ,'~ ~VIRON'M..ENT... Hf~l,.TH I ~'~ \.... C ,OA'NOA~At RESOUftCES ~~ '" ~/ ....'~~: ....~_.. - '<1'...w,;:~/''',-,;.o.:.~~~~''-- .<"'':"..~~ > \: .... ~ y, DIVISION OF HIGHWAYS GEORGE E, WELLS, P.E. STATE HIGHWAY ADMINISTRATOR J'~ 11' ',-, ",:-::"'?' ,;t1}~~,:'i~~' ,-J?; \'" -. .'- .-. ~~,,}};>' 'VI~'t 1 ~COC, \ 1/ '.) ! '.,'t{ -r"~" ". \ \N P.. \ t)'" ~,,".,', "d SE.e \l'JI-. to'. , r .t.:~ ! ,,~"':;'.' your March 16, 1990 letter on the ;. Since the CAMA Permit was issued lon for violations should be issued I,ly not to the Department of ~icular. Because this is in error, top management and we are, hereby, 1 . lastal Management for a wrl. tten ~1990 citation with copies provided tinal letter. "I Iger Page required him to secure all is and to perform the relocation of the terms of said permits. The ~ook over the relocated portion of ~ctive October 13, 1989 with the truction of the project was in ~e CAMA Permit. If this is not the 'Iortation will be glad to meet with I soon as possible to work toward I are aware of the environmental fd we will do what is necessary to id. However, to be sure the Jied with all of the terms of yours , the responsibility of the par~ies I therefore, Mr. Page has full >ns. tfirmative Action Employer .. . Mr. Preston P. Pate, Jr. March 22, 1990 Page 2 Our department would appreciate your prompt attention to providing written retraction of this citation as soon as possible. I look forward to hearing from you soon. Please contact me at 733-7838 if I can provide additional information. Sincerely, t:J.R &~ w. R. Brown, P.E. Assistant State Design Services Engineer WRB/rg cc: Secretary Thomas J. Harrelson Secretary William W. Cobey, Jr. (w/copy of Mr. Pate's letter) Mr. Ernie Carl, Deputy Secretary - Environment & Natural Resources (w/copy of Mr. Pate's letter) Mr. George T. Everett, Director of Environment, Health & Natural Resources (w/copy of Mr. Pate's letter) Deputy Secretary Jake Alexander, III Mr. George E. Wells, P.E. Mr. William G. Marley, Jr., P.E. "' . < . . State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 3411 ArendeU Street · Morehead City, North Carolina 28557 James G. Martin, Governor Wllbam w: Cobey, Jr., Secretary George 1: Everett Director CERTIFIED MAIL RETURN RECEIPT REQUESTED March 16, 1990 Mr. William R. Brown Assistant State Design Services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1 South Wilmington Street Raleigh, NC 27611 Re: Violation(s) of CAMA Major Development Permit No. 183-86 CAMA Violation #90-02C Dear Mr. Brown: Information gathered by the Division of Coastal Management shows that o.,l~fiite/i;ytoUt$d the~.tf"""'" .X',',.,(X)ndj.tlons'.of$ta,te.'PeX'Jllit No. 1I3-S6 which was issued" >....Jijge!".l>age bYtheC6a$tar' Resources conunission and the o'rth "Carolina Depa,.rtrnep,t pf EnvirOnment (., H~a.ltl1 and Na,. tural Resources. . IPf{~r.f)i,)!j"fe((tha t YOu~"1:fiiiili(ffately";CDSBAHDDESXS'1' suchviolation(s)' and comply' with the terms and conditions of the above permit. On September 17, 1986, State Permit No. 183-86 was issued to F. Roger Page for relocating SR 1568, West Onslow Beach, in Onslow County, North Carolina. This permit was issued for a CAMA Major Development in an Area of Environmental Concern, North Carolina General Statutes (hereinafter abbreviated NCGS) 113A-118. This permit included the following terms and conditions for the Phase I roadway construction: 1) Eight (8) different wetland areas were to be crossed using culverts and one (1) wetland area was to be bridged; 2) The stormwater retention berm (at design height and width), the drainage swales, and all other features, such as weir control structures, of the stormwater management program approved by the Division of Environmental Management for the January 1988 modification must be maintained, remain stabilized with appropriate maritime adaptive ground cover, where applicable, and performed as designed throughout the life of the Box 769, Morehead City, North Carolina 28557 Tdcphonc 919-726-7021 An Equal Opponunity Affirmative Action Employer ~ Mr. William R. Brown Assistant State Design Services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION March 16, 1990 Page *2 project; 3) All construction fill for bridges or bridge approaches must avoid coastal wetlands as defined by Coastal Resources Commission Rule 15 NCAC 7H.0205(a); and, 4) The road and the required stormwater management controls would be located within an eighty foot (80') right-of-way. An onsite inspection of the development activities authorized by this permit to determine compliance with permit conditions has been made by the Divisions of Coastal Management and Environmental Management. Following is a' .... .. .'. of the terms and condition (s) of your permdt. s en e ar 0 bring you nto compliance w! es of the es commission. * NO'.rB: STATIaf NUllBBRS CORRBSPmm m THE STATIaf NUllBERS PROVIDED IH THE BNGIHEBRING PLANS DA'l'BD 11/5/81. 1. Station *31 + 50 (A) The stormwater control weir was not constructed. Restoration at this site will require the construction of a stormwater control weir according to plans. 2. Station 142 + 13.5 through 43 + 49.5 (A) A bridge was constructed instead of the authorized culvert crossing; (B) Stormwater control weir and concrete headwalls were not constructed; (C) South side of the filled approach is not stabilized. Material is being eroded into adjacent wetlands; and, (D) Vegetation in roadside swales and berms is very sparse and is inadequate. Restoration at this site will require the construction of stormwater control weir according to plans, the stabilization of all approachways, and adequate vegetation cover for roadside swales and berms. 3. Station #42 + 13.5 looking south (A) There is no vegetative cover on roadside swales or berms. Restoration at this site will require a vegetative cover and stabilization according to plans. 4. Station 155 + 50 (A) Stormwater control weir and headwalls were not constructed. Restoration at this site will require installing stormwater weir according to plans. Mr. William R. Brown Assistant State Design Services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION March 16, 1990 Page '3 5. Station 159 + 75 (A) Stormwater control weir was not constructed; and, (B) Sparse vegetation on berms and swales. Restoration at this site will require the construction of the stormwater weir and providing an adequate vegetation cover according to plans. 6. Station 164 + 50 (A) Insufficient berm height on sound side; and, (B) Insufficient vegetation cover. Restoration for this site will require the construction of the berm to the proper dimensions and providing adequate vegetation cover according to plans. 7. Station 166 + 00 (A) A stormwater control weir was not constructed; and, (B) Vegetation has not been established. Restoration of this site will require the construction of the stormwater weir and providing an adequate vegetation cover according to plans. 8. Station 174 + 25 (A) Stormwater control weir was not constructed. Restoration for this site will be to install a stormwater control weir according to plans. 9. Station #79 + 45 through 180 + 29 (A) A bridge was constructed instead of the authorized culvert crossing; (B) Stormwater control weir was not constructed; and, (e) Lack of established vegetation resulting in erosion into adjacent wetlands. Restoration for this site will be to install a stormwater control weir and provide an adequate vegetation cover according to plans. 10. Station #80-29 east side (A) Road berms/shoulders extend beyond the 80' right-of-way resulting in approximately seventy-five (75) linear feet of coastal wetlands being filled. Restoration at this site will include removing all road fill beyond the established right-of-way and the reconstruction of the berm as required by the plans. ,. Mr. William R. Brown Assistant State Design Services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION March 16, 1990 Page 14 11. Station 184 + 75 (A) A stormwater control weir was not constructed. Restoration at this site will require the installation of a stormwater control weir according to plans. 12. Station #93 + 09 through #94 + 21 (A) A bridge was constructed instead of the authorized culvert crossing; (B) A stormwater control weir was not constructed; and, (C) Fill approachways are not stabilized and material is eroding into adjacent areas. Restoration at this site will require the installation of the stormwater control weir and the stabilization of the approach fills according to plans. 13. Station 1103 + 00 (A) Low stormwater control berm height and a washout on the sound side; and, (B) Very sparse vegetation. Restoration at this site will require construction of a berm and stabilization of the berm with appropriate vegetative cover according to plans. 14. Station #104 + 33 through #106 + 01 (A) A bridge was constructed instead of the approved culvert crossing; (B) A stormwater control weir was not constructed; and, (C) Approach fills are not properly stabilized. Restoration at this site will require construction of a stormwater control weir and stabilization of approachway fills. 15. Station #116 + 50 (A) A stormwater control weir was not constructed. Restoration for this site will be to install a stormwater control weir according to plans. 16. Station #119 + 50 (A) A stormwater control weir was not constructed. Restoration for this site will require the construction of a stormwater control weir according to plans. 17. Station 1123 + 09 through #124 + 32 (A) A bridge was constructed instead of the authorized culvert crossing; (B) A stormwater control weir was not constructed; and, " J Mr. William R. Brown Assistant State Design Services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION March 16, 1990 Page 15 (C) Upland fill areas were not stabilized resulting in sediment erosion. Restoration at this site will require the construction of a stormwater control weir and the stabilization of fill areas according to plans. 18. Station #130 + 72 (A) A stormwater control weir was not constructed; (B) Berm and swale not vegetated; and, (C) Stor.mwater swale is open to the sound allowing direct discharge of runoff. Restoration at this site will require reconstruction of the berm and swale system and vegetation stabilization according to plans. A stor.mwater control weir will be constructed according to plans. 19. Station 1133 + 24 through 1135 + 64 (A) More bridges were constructed than authorized by the permit; (B) Stor.mwater control weir was not constructed according to plans; and, (C) Upland runoff has resulted in an area of coastal wetlands being filled. This area is approximately 90' long and from 6' to 35' in width. Restoration at this site will require the construction of a stormwater control weir according to plans. All fill material must be removed from coastal wetlands and placed and confined on adjacent highground. All upland areas must be stabilized to prevent further sediment runoff from entering adjacent wetland areas. 20. Station #136 + 00 (A) Stormwater control berm has been washed out. Vegetative cover on berm and in the swale is inadequate. Restoration at this site will require reconstruction of the berm and swale according to plans and stabilization of this area with appropriate vegetation. 21. Station #137 + 60 through 1138 + 20 (A) A bridge was constructed instead of the permitted culvert crossing; (B) A stormwater control weir was not constructed; and, (C) Erosion has occurred on adjoining areas. Restoration of this site will require construction of a stormwater control weir according to plans and stabilization of upland areas. ~ ~ . ,'lJ . Mr. William R. Brown Assistant State Design Services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION March 16, 1990 Page 16 22. Station 1139 + 50 (A) The berm has washed out and the swale has filed in with sand; and, (B) No vegetation to stabilize the berm and swale. Restoration at this site will require construction of a berm and swell according to plans and the stabilization of these areas with a vegetation cover. 23. Station 1141 + 36.5 through 1142 + 48.5 (A) A bridge was constructed instead of the permitted culvert crossing; (8) A stormwater control weir was not constructed; and, (C) Erosion has occurred on adjoining areas. Restoration of this site will require construction ofa stormwater control weir according to plans and stabilization of eroded areas. 24. Station 1151 + 25 (A) A stormwater control weir has not been installed. Restoration at this site will require construction of a stormwater control weir according to plans. A portion of the stormwater management berms and swales appeared to be outside of the 80' right-of-way in some areas. We are requiring that verification be provided of the berms being located within the 80' right-of-way. Any portion of the stormwater control devices that are found to be outside the right-of-way must be relocated entirely within the right-of-way according to plans. I strongly urge an onsite meeting with all parties, including the contractor who will be performing the restoration work, as soon as possible. Such meeting is necessary considering the complexity of the required restoration and the involvement of a number of regulatory agencies that have jurisdiction over this project. If the terJllsandcondi~lon(f3) ()~ClP~rmitare notcompli~dwith, the pe ,1~:f~'i~~Q'4;:1flr"~ttMti.~t.of its issuance. - To comply w ".tecrmi;;"i~ndq:b:"" .."..,An.;_.' C" .......,"~Cb@?",..~;Q1l.i t issued. to you, you must: . . Complete ....... . ... .'" C\I!lfil'f;j, ........ '.' .... c'i(~~ the ac.~tq"iif~W;:I."y.i.~,.?9J1'l'tI.i~~~l'1,t.Jl',G.~~. . (',6'il )".days ~~~~;~~~.i~i~p~;~it:~'~~iiiie;8'il~~:g~:~f9f~t~:~~.~~ed Restoration Agreements and return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this 0'_ ' ... '~ . !Ill; Mr. William R. Brown Assistant State Design services Engineer NORTH CAROLINA DEPARTMENT OF TRANSPORTATION March 16, 1990 Page 17 letter. Failure t~'~,.:"8 request or respond back to this office prior to the above deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance. A civil penalty of up to Twenty-Five Hundred Dollars ($25QO.00) may be assessed, or an injunction or criminal penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy of the Coastal Resources conmission to assess a minimum civil penalty of One Hundred Dollars ($100.00) against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources which were affected and the extent of the damage to them. If restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. I request that you"'Cbrl1:act,tmi'c"oit;'Cl'larlesJc)nes of. this,dt,fice inunedia~e];Y,}J:cliDg :tW..4Ntter:~' :;:A:,s-1'te'.',inspectionwill bfj~:., made in t6filf!t :" ,.tlfe':fub.ttti";~i!to":';det:entfJiWiiWbet:ner . thiedD'QUEST TO CEASE AND DESIST has been complied with. Sincerely, M- /?~~ Preston P. Pate, Jr. Assistant Director PPP/dh Enclosures cc: Charles S. Jones Mike Smith, COE Mike Williams, DEM Dan McLawhorn John Hunter George T. Everett c.-- ~~ ---). ~~~ t- '(t:- I../J/.Ar 'of ".., G-fV' l:hJ' ~ AI\ e~ ... -""" ......i);> "" State of North Carolina Department of Justice P.o. BOX 629 RALEIGH 27602-0629 fi/J !:.nw~r"" .. ~teIJm.. tL Q. e~J::.~ ~ ... May 2, 1986 i , ! f " r;: I"~. r:::: '. ;. Charles S. Lanier, Esquire Lanier and Fountain 114 Old Bridge Street Jacksonville, NC WA TER QUALITY SECTION e..J:">'.~. Re: Compliance with April 18 Order of the Utilities Commission in Docket NO. 754 Sub 3. Dear Charlie: While I awaited delivery of the completed analysis by the utility at the Wilmington Office of DNRCD, the consultant responsible for its delivery telephoned to say it would not be delivered as the order directed. It has been the consistent failures of the utility to comply with the Commission's orders which have resulted in requests for delay of the hearing by the Department of Natural Resources and Community Development. That problem is further exacerbated by the fact the utility has recommended each schedule adopted by the Commission. Consistent with the spirit of the Commission's order, I gave the-consultant instructions to facilitate the delayed delivery and must delay my determination whether to seek a postponement of the hearing until I have reviewed the information supplied with my clients. The delayed delivery caused the intradepartmental schedule for review to be disrupted so that it cannot be completed until after the upcoming hearings on stormwater regulations and meeting of the EMC. If a postponement will be sought, I shall so notify the Commission and the parties on or before May 13, 1986. By this letter, I register my strenuous objection to this failure to comply with the Commission's order. If you wish to assist in expediting the matter, then I suggest you provide the other parties a list of your proposed witnesses, a summary of their testimony, and copies of all proposed An Equal Opportunity/Affirmative Action Employer -~ Page 2 May 2, 1986 exhibits immediately. I shall make a like submission as soon as we have reviewed the report. Sincerely, Daniel F. McLawhorn Assistant Attorney General DFM/kp cc: Commissioner Edwar B. Hipp, Presiding Chairman Robert o. Wells Commissioner T. A. Wright Sandra J. Webster, Chief Clerk William E. Anderson, Esquire Thomas W. H. Alexander, Esquire Antoinette R. Wike, Esquire Jo Anne Sanford, Esquire Aysistant Secretary Lynn Muchmore ~irector Paul Wilms .