SW8031059_Compliance Evaluation Inspection_20090129

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD /
SECTION SWP DATE/TIME // 2 9/D j ��
NAME REPRESENTING � '��
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our
custody readily available to the public for review and copying. We also have the responsibility to the public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases. large totes. etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to
reviewing files.
7. SITE PLAN COPIES- If you wish to request copies of site plans, your cost is $5.00 PER
PAGE. Indicate the pages you need, and staff will have the plans made offsite as time
allows.
FACILITY NAME 4 COUNTY
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2.
3.
4.
5.
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ature/Name of Firm or Business Date Time In Time Out
(Please attach business card to form if available)
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ACI RECEIVED
NCDENR
North Carolina Department of Environment and Natural Resour
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michccl F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
July 15,2005
NOTICE OF VIOLATIONS OF THE 0S2iSEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7004 2890 0002 3424 2546 00:1
RETURN RECEIPT REQUESTED r�
1v
DeCarol Williamson Enterprises n
O
Dr.DeCarol Williamson,Owner
2618 New Village Way
Wilmington,NC 28405
RE: Project Name: The Pearl Phase 2
Project ID: Bruns 2005-034
County: Brunswick
Compliance Deadline: 30 days from receipt
Dear Mr.Williamson:
On July 13,2005,personnel of this office inspected a project located on Hwy 179 in Brunswick 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 16.6
acres being conducted.
It is our understanding that you and/or your firm 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),Chapter 4. If you feel that you are not responsible for the
following violations,please notify this office immediately.
The violations that were found are:
b. Failure to conduct a land-disturbing activity in accordance with the provisions of an approved erosion
and sedimentation control plan. 15 NCAC 4B .0113. The contractor has not maintained the
erosion control measures on site in accordance with the approved plan for this site.
d. Failure on a tract of more than one acre, when more than one acre is uncovered, to provide a
permanent ground cover sufficient to restrain erosion on such exposed areas within 15 working days or
30 calendar days,whichever is shorter,after completion of construction or development. G.S. 113A-
Wilmington Regional Office
127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 • Phone: [phone]'FAX: [phone]

Notice of Violations
DeCarol Williamson
July 15, 2005
Page 2 of 3
57(3) and 15A NCAC 4B .0107(b). Slopes at wetland crossing do not have groundcover
established adequate to prevent erosion.
e. Failure on a tract of more than one acre, when more than one acre is uncovered, to install
sedimentation and erosion control devices sufficient to retain the sediment generated by the land-
disturbing activity within the boundaries of the tract during construction upon and development of the
tract. G.S. 113A-57(3). Silt fence at wetland crossing is insufficient to retain sediment.Sediment
has impacted the wetlands.
g. 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. 113A-57(1).Sediment has reached the wetlands due to an
inadequate buffer zone.
i. Failure within 15 working days or 30 calendar days(whichever period is shorter)of completion of any
phase of grading to plant or otherwise provide exposed, graded slopes or fills with ground cover,
devices, or structures sufficient to restrain erosion. G.S. 113A-57(2). Ground cover on slopes at
wetland crossing is not sufficient to prevent erosion.
j. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control
measures and facilities during the development of a site. 15 NCAC 4B .0113. Silt fence at.wetland
crossing has been undermined and is in need of repair.
To correct these violations, you must:
1. Repair and maintain all erosion control structures and devices on site throughout duration of
the project.
2. Provide permanent groundcover at wetland crossing sufficient to prevent sediment from
reaching wetlands.
3. Provide sufficient erosion control measures to prevent further sediment from reaching wetlands.
4. Provide an adequate buffer zone in reference to the wetlands.
5. Provide permanent vegetation on slopes at wetland crossing sufficient to prevent erosion.
6. Repair and maintain all erosion control measures on site until all areas are stabilized and
project is complete.
Please note that merely planting grass seed does not satisfy the requirements of"vegetative cover" or of
"ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of
grass or other ground cover(such as properly applied and secured,mulched seeding or appropriate rip-rap)is
established which is, in fact, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to$5,000.00. A time period for compliance is
not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and NCGS 113A-64(a)(1).
Therefore, the initial violation may be referred to the Director, Division of Land Resources, for appropriate
action.
Please be advised that if these violations are not corrected within 30 days of receipt of this notice,the Director,

Notice of Violations
DeCarol Williamson
July 15, 2005
Page 3 of 3
Division of Land Resources,will be requested to take appropriate legal action against you pursuant to NCGS
113A-64. That action could be the assessment of a civil penalty,and the amount may be up to$5000 per day
for each day of the violation. The penalty may be assessed from the date of the violation, NCGS 113A-
64(a)(1). If the violations are corrected within the time period specified for compliance,no further legal action
will be pursued.
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 property 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 Todd C.Walton or me at
your earliest convenience.
Sincerely,
Daniel Sams, , E
Regional Engineer
Land Quality Section
Enclosures: Sedimentation Inspection Report
cc: State Sedimentation Specialist
Regional Water Quality Supervisor
WIRO-LQS

Case#
SEDIMENTATION INSPECTION REPORT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAN ITI D QUALYSECTION.•127 Cardinal Drive,Ext., Wilmington,NC 28405-3845(910)395-3900
County(r�K j(L�( Project: 17' "'Pe z - River Basin /
Person Financially Responsible: -s0.4 04...^4r Project# M-i-2°t: ICJ '
Address: d1i/3 A157A) Villa? 44%(2. LQ
1. Project Location IAA /7 9 Pictures: No❑ Yes, Prints ❑ Slides❑ Digitaljik Video❑
2. Weather and Soil Conditions ctir»y
3. Is site currently under notice of violation? Yes❑ No 15(
4. Is the site in compliance with the S.P.C.A.and the rules? Yes ❑ Noo If no,check violations below:
5. Violations:
❑a. No approved plan,G.S.113A-57(4)and 15A NCAC 4B.0107(c) g. Inadequate buffer zone,G.S.113A-57(1)
Failure to follow approved plan,G.S.113A C1,.1 ArA'e.K-'/4° "3 ❑ h. Graded slopes and fills too steep,G.S.113A-57(2)
U c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) Unprotected exposed slopes,G.S.113A-57(2)
.151fd. Failure to provide adequate groundcover,G.S.113A-57(3)and Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
. Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑k. Other(describe)
❑f. Failure to take all reasonable mea ures,15A NCAC 4B.010`5D �s
6. NPDES Permit Violation? Yet No❑ Describe A .7 `Drsr/714/D f ArJ�1"/l' ,' "I- 5 _
7. Has sedimentation damage occurred since last i spection? Ye If yes,where?(check all that apply): No❑
Lake/natural watercourse on the tract s(Lake/natural watercourse off the tract ❑ Other property ❑
Description: V/e4/ LiArG.441/21 j
Degree of damage: Slight❑ M4eratK. Severe❑
8. Contact made with(Name) /1!/!//4 Title
Inspection Report given❑ or sent to Person Financially Responsible Date given/sent 71 y/vs'
9. Corrective actions needed:
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10. Comments: ��.fl�rl4, .417 Q P-17.+P efrc.s evatcSt4 :S6/ c-J CSC .
Report by: ,6 fi a epAgi Others present
Date of Inspection: 2/4.f/rl Time arriving at site: /ZLs Time leaving site: /2 3a
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