SW7080518_COMPLIANCE_20090324

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STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
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DOC TYPE
❑CURRENT
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❑ APPROVED PLANS
❑ HISTORICAL FILE
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❑ COMPLIANCE EVALUATION INSPECTION
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DOC DATE
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
March 24, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 0080 0000 5655 6540
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
Havelock-Development-Corporati on
AC TTIV7MF._Jerry A. Jackson, Assistant Secretary
Pont Office Box.249i- )
Havelock, North Carolina 28532--
RE: Erosion and Sedimentation Control Plan No.: CRAVE-2008-050
Project Name: Branchside Commercial Subdivision, Phase III
Tourist Center Drive- Craven County
River Basin: Neuse Last Approval Date: June 17, 2008
Dear Sir or Madam:
MAR 2 ei -;;cq
On March 20, 2009, personnel of this office inspected a project located on Tourist Center
Drive in Craven County, North Carolina. This inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed
a land -disturbing activity of approximately 7.3 acres being conducted.
It is our understanding that you and/or your finn are responsible for this land -disturbing
activity. The purpose of this letter is to inform you that this activity was found to be in violation of
the Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter4. If
you feel that you are not responsible for the following violations, please notify this office
immediately.
The violations found are:
a. Failure to conduct a laud -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 1 13A-57(5).
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX: [phone]
Internet: http://www,dlr,enr.state.nc.us/pages/landqualitysection.html
An Equal Opportunity / Affirmative Action Employer - 50%Recycledl10 % Post Consumer Paper

CERTIFIED MAIL
Havelock Development Corporation
ATTN: Mr. Jerry A. Jackson, Assistant Secretary
March 24, 2009
Page 2
The inspection revealed that the approved erosion and sedimentation control plan has not
been properly implemented. Additional drainage features have been installed and additional
land disturbing activities appear to be taking place beyond the limits of disturbance.
C. Failure to take all reasonable measures to protect all public and private property from damage
by such land -disturbing activities. 15A NCAC 4B.0105.
d. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to
confine visible siltation by natural or artificial means within the 25 percent of that portion of
the buffer zone nearest the land -disturbing activity. G.S. I I3A-57(1).
C. Failure to install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the Act, and rules
adopted thereunder, during or after the development of a site. 15A NCAC 4B.0113.
The inspection revealed that adequate and appropriate erosion and sedimentation control
measures have not been installed and/or maintained in critical areas throughout the site,
which has resulted in sediment entering sediment entering an area indicated on the plans as
wetlands.
To correct these violations, you must, WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE OF
VIOLATIONS:
Submit a revised plan along with the appropriate plan review fee, showing all planned or
completed development activity not indicated on the erosion and sedimentation control plan
approved by this office on June 17, 2008.
2. In accordance with the approved plan properly install, reinstall, and/or maintain erosion and
sedimentation control measures and/or devices throughout the site sufficient to retain
sediment from entering an area indicated as wetlands on the approved plan.
The violations cited herein may be referred to the Director of the Division ofLand Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an initial one -
day violation and/or a continuing violation. The penalty for an initial one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required to
provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether the
violations are corrected within the specified time period.

CERTIFIED MAIL
Havelock Development Corporation
ATTN: Mr. Jerry A. Jackson, Assistant Secretary
March 24, 2009
Page 3
In addition, if the violations cited herein are not corrected WITHIN 15 DAYS OF
RECEIPT OF THIS NOTICE OF VIOLATIONS this office may request that the Director take
appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and
1 13A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 1I3A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so that work can be inspected. You should not
assume that the project is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in proper working order until the site is completely
stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At
the same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be sent
to you upon request. Should you have questions concerning this notice or the requirements of the
Act please contact either Allison Ward or me at your earliest convenience.
Sincerely,
_ cL
Patrick H. McClain, PE
Regional Engineer
PHM:aw
Enclosures: Sedimentation Inspection Report
cc: Mr. Gray Hauser, PE, State Sedimentation Specialist
�Mr. Alton Hodge, Regional Water Quality Supervisor
LQ Files

Land Quality Section: 943 Washington Square Mall, Washington, NC 27889 [phone]
County: Project:
Person financially �reresponsible: _
Address: o ?tgN)r L
S b�ver basin: '' _,_,Q,
,lf\,, Project#C'Mlle. zoo $-05�
Z Case #
1. Project location: \O � j k Q1 I
Pictures: No: ❑ Yes: prints: ❑ Slides: ❑ Video: ❑ Digital:
2. Weather and soil conditions: 5UAVN\I 0 co6c 6xC q
Initial inspection: Yes: ❑ No: 6L..
3. Is site currently under notice of violation? Yes: ❑ No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: R If no,
check violations below:
5. Violations:
❑ a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B_0107(c)
[yg. inadequate buffer zone, G.S. 113A-57(1)
b. Failure to follow approved plan, G.S. 113A-57(5)
❑ h. Graded slopes and fills too steep,
c. Failure to submit revised plan, G.S. 113A-54.1(b) and
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
15A N.C.A.C. 4B.0118(a)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
gj. Failure to maintain erosion control measures,
15A N.C.A.C. 4B.0107(b) or 15A N.C.A.C. 4B.0124(e)
15A N.C.A.C. 413.0113
❑ C. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
❑ k. Other (describe)
f Failure to take all reasonable measures, 15A N.C.A.C. 4B.0105
6. Potential NPDES Permit Violation? Yes:)4 No: ❑ Describe: �„AM_
�`1{�ZtS 7\Q�—
7. Has sedimentation damage occurred since last inspection? Yes: g' If yes,
where? (check all that apply) N'o: ❑
Lake/natural watercourse on the tract:'g Lake/natural watercourse the
tract: El Other property: El
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Description: ►-Y\Y �\1 ry \CCOR(6
a- S 11'�"�«�\C�
Degree of damage: slight:60 moderate: ❑ severe : ❑
8. Contact made with (name): 00 UW_ 0A S'v'V_
Title:
Inspection report given: ❑ or sent: Ng- to person financially responsible.
Date given/sent: (Z1
9. Corrective actions needed:
10. Comments: 4 Y 1C\ O:Nc \ Ll11 CLWh •\-
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Report by: j V-SCA'\ fit,; XV 1 Others present: V
Date of inspection: 3j W J0 J 'rime arriving on site: J7'— _j Time leaving site:
cc:

LAND QUALITY SECTION
PROJECT: ����L��S\��, `cqy( yvj 51D7y-�3 Page Z of Z.
INSPECTED BY: A -V OW DATE: