20081729 Ver 1_Notice of Violation_20090916

Beverly Eaves Perdue
Governor

AVA
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretarv

September 16,2009

South Brunswick Properties, LLC
Attn: Mr. Jeff Stokley
1508 Military Cutoff Road, Suite 302
Wilmington NC 28403

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SEP 2 1 2009

OEfilR . WATERQU~ITY
WETlANDS AND STORMWATEft BRANCH

Subject:

Olde Georgetowne Phase I
NOTICE OF VIOLATION (NOV-2009-PC-0789)
Construction Stormwater Permit NCGOI0000 (NCROOI897),
401 Water Quality Certification (DWQ # 2008-1729)
Brunswick County

Dear Mr. Stokley:

On September 11,2009, Mr. Chad Coburn from the Wilmington Regional Office of the Division
of Water Quality conducted a site inspection for the tract/project known as aIde Georgetowne Phase I,
located off ofNC2ll, 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 NCGOlOOOO. A Construction
Stormwater General Permit (NCGOI0000) 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 Sedirnentation Control Plan for land disturbance of 1 acre or greater.
Specifically, the General Permit (NCGOlOOOO) authorizes the discharge of stormwater under the National
Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A North Carolina
Administrative Code 2H.OlOO. In addition, this project was inspected for compliance with the 401 Water
Quality Certification with Additional Conditions covered by certification number 3705 granted on August
26,2009. These inspections revealed that the subject property has the following violations as detailed
below:

(I) Construction Stormwater General Permit NCGOI0000
(II) 401 Water Quality Certification

I. Construction Stormwater General Permit NCGOI0000

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 Gau2e Data (Part I. Section B. No.1.)
Rain gauge data, measured daily, was not on site and available for review.

N~~Carolina
Phone [phone] Customer Service1-877-623-67 Natura//II
FAX [phone] Internet: h20,enr.state.nc,us

North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

2
OIde Georgetowne
Brunswick County
NOY -2009-PC-0789

c) 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 WQC approved the impact of361 linear feet of
perennialstream and 3176 linear feet of open water (non-stream tributaries) to complete your
project as. described in your November 20, 2008 application. Condition 4 of general
certification 3705 requires compliance with the Construction Stormwater General Permit
NCGOIQOOO.

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 ofland 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
Dan Sams - Division of Land Resources Wilmington Office
Ronnie Smith - USACE Wilmington Field Office
Jennifer Frye - USACE Wilmington Field Office
WiRO