20171490 Ver 1_NOV Response_20190918

Strickland, Bev
From: Mairs, Robb L
Sent: Wednesday, September 18, 2019 4:20 PM
To: Ray Murdoch; Brown, Creighton A
Cc: [e-mail]; Styron, Heather M.; Brownlow, Roy
Subject: RE: [External] Meeting Tomorrow Salt Creek
Attachments: salt creek novjan. 2019.docx.pdf
Ray,
This follows our phone conversation earlier this a.m. Based on the information Creighton Brown provided me today in
relation to the wetlands and stream restoration, our office is satisfied with the restoration plan per our Notice of
Violation (NOV 2018 -PC -0431) dated January 8, 2019 (attached). We are now requesting the removal of all the coir
logs/wattles and associated anchors or stakes to be removed entirely from the wetlands and stream restoration area
due the material use within them (e.g. plastic mesh and metal).
Thanks for your cooperation,
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb.mairs(cDncdenr.gov
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ray Murdoch [mailto:[e-mail]]
Sent: Monday, September 16, 2019 5:26 PM
To: Brown, Creighton A <[e-mail]>
Cc: Mairs, Robb L <[e-mail]>
Subject: [External] Meeting Tomorrow Salt Creek
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]

Hey Guys, Are we meeting at Salt Creek to re -inspect the Phase 1 NOV? Please let me know what time. I have to take my
dad to the doctor in the morning and won't be back until around 11:00. 1 can make other arrangements if I need to.
Would one of you call me in the morning and let me know? 252-725-1226. Thanks Ray Murdoch

DocuSign Envelope ID: CE53AF87-E70E-40BD-A1 B2-965DF628F899
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 8, 2019
CERTIFIED MAIL # 7017 1450 0000 3937 3301
RETURN RECEIPT REQUESTED
Murdoch Associates
Attn: Ray Murdoch
505 Crestwood Drive
Newport, NC 28570
Subject: NOTICE OF VIOLATION
NOV 2018 -PC -0431
Salt Creek Subdivision
Carteret County
Dear Mr. Murdoch:
On November 16, 2018, Robb Mairs of the Division of Water Resources (DWR) Wilmington
Regional Office (WiRO), Creighton Brown of the Division of Energy, Mineral, and Land Resources
(DEMLR), and Heather Styron with the Division of Coastal Management (DCM) Morehead City
Office, conducted a site inspection of unpermitted wetland and stream impacts for the road
crossing at Henderson Drive as shown on the Pre -Construction Notice (DWR# 2017-1490) for
the Salt Creek subdivision, which is located adjacent to Broad Creek. Broad Creek has been
classified as SA;HQW by the Division of Water Resources (DWR), in addition this portion of
Broad Creek has also been designated by the NC Division of Marine Fisheries (DMF) as a
Primary Nursery Area (PNA).
On December 5, 2018 Robb Mairs of the DWR, Creighton Brown of the DEMLR, and Roy
Brownlow and Heather Styron with the DCM Morehead City Office met with you and Mr. Rick
Williford for a site inspection of the unpermitted wetland and stream impacts at the location of
an authorized road crossing. During the inspection it was noted that there were multiple
failures of the sediment and erosion measures within the roadway R/W resulting in sediment in
a stream and wetlands. The DWR estimated that the amount of stream impacted by the
sediment was approximately 150 linear feet, of a tributary to Broad Creek, and approximately
0.2 acres of 404/401 wetlands area. The DCM estimated approximately 0.07 acres of coastal
wetlands impact due to the discharge of un -stabilized sediment. During this site visit the DWR
D E QN th Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
oew.m a e�W��m uwnq 910.796.7215

DocuSign Envelope ID: CE53AF87-E70E-40BD-A1 B2-965DF628F899
located and flagged the extent of the sediment impacts within the stream and 404/401
wetlands area.
Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection and subsequent file review:
Item I. Wetland Standards Violations
Wetland disturbance corresponding to sediment and fill in wetlands and getting into the
wetlands were observed. The sediment/fill impacts in wetlands represent violations of the
following North Carolina wetland standard:
Title 15A North Carolina Administrative Code 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
may cause adverse impacts on existing wetland uses;
(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
Sediment from the failed sediment erosion control measures at the permitted road crossing has
accumulated in the wetlands.
Item 2. Stream Standards Violations
In addition, impacts of approximately 150 linear feet of stream channel was impacted in
association with the sediment eroding into it. Broad creek has been classified by DWR as SA;HQW
as well as being designated by the DMF as a PNA. The impacts of sediment into the streambed
represents a stream standard violation of the following North Carolina Tidal Salt Water Quality
Standard:
1. Title 15A North Carolina Administrative Code 0213.0211(2) requires that "The waters shall
be suitable for aquatic life propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude any of
these uses on either a short-term or long-term basis shall be considered to be violating a
water quality standard."
The inspectors noted that approximately 150+ linear feet of stream impacts from
sediment accumulation due to the failed sediment erosion control measures at the road
crossing.

DocuSign Envelope ID: CE53AF87-E70E-40BD-A1 B2-965DF628F899
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 to achieve compliance.
This plan should include the following:
A map that depicts the extent of the wetlands areas impacted
Stream and Wetland Restoration Plan (sediment impacts) — Sediment impacts to the
streams and wetlands onsite must be removed. It is recommended that you use hand
labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the
stream channel and wetlands. The sediment should be removed from the channel and
wetlands, taken to high ground away from the stream channel and wetlands and
stabilized with the use of silt fencing. Also, the plan must address the measures that will
be used for temporary stabilization/sediment control while this work is under way. The
use of wattles/coir logs is highly recommended to keep the sediment from moving
further downstream and into additional adjacent wetlands.
2. Please include in your response a detailed schedule with dates explaining when the
restoration will be accomplished.
3. It is required that you contact the Division of Energy, Mineral, and Land Resources and
the U.S. Army Corps of Engineers to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean
Water Act. Your Contact for the US Army Corps of Engineers is Tom Charles at
910.251.4101 or [e-mail] and your contact for the Division
of Energy, Mineral, and Land Resources is Creighton Brown at 910.796.7215 or
[e-mail].
4. Finally, please explain how you propose to prevent these problems from recurring in
the future.
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 immediately and properly resolved.
Environmental damage and/or 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.

DocuSign Envelope ID: CE53AF87-E70E-40BD-A1 B2-965DF628F899
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 Robb Mairs at 910.796.7303 or me at 910.796.7218.
Sincerely,
DocuSigned by:
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E3ABA14AC7DC434...
Morella Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
cc: Karen Higgins - 401 Wetlands and Buffers Unit — electronic copy
Shelton Sullivan — 401 Wetlands and Buffers Unit — electronic copy
Tom Charles — USACE Wilmington Field Office — electronic copy
Creighton Brown — DEMLR WiRO — electronic copy
Heather Styron — NCDCM Morehead City — electronic copy