HomeMy WebLinkAbout20010528 Ver 1_COMPLETE FILE_20010403W,q)? Michael F. Easley, Governor
\O?0 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
> Acting Director
0 .? Division of Water Quality
March 5, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. R.L. Wiloughby, Manager
City of Washington
P.O. Box 1988
Washington, NC 27889
Re: Tar-Pamlico River Basin Riparian Buffer Rules (Notice of Violation)
Tributary to Jacks Creek
DWO # 010528
Beaufort County
Dear Mr. Wiloughby:
On April 3, 2001, the Division of Water Odality wrote to you concerning the disturbance of approximately 1000
linear feet of streamside buffer along the tributary of Jacks Creek from the mouth of the tributary upstream to East Fourth
Street and from East Fourth Street upstream to East Fifth Street in Beaufort County. This letter informed you that the
project was incomplete and was being placed on hold until the additional information outlined in the letter was supplied.
To date, we have not received this additional information. Unless we hear from you in writing within 3 weeks of the receipt
of this letter, we will consider that you no longer want to pursue this project and we will retire the file and consider the
application as withdrawn. Please be aware that reapplication for this project will require a Certification fee and new
applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
Sincerely yours
Jo n Dorney
Wetlands 401 Unit Supervisor
Cc: File copy
Central files
Washington DWQ Regional Office
Washington Field Office US Army Corps of Engineers
N. C. Division of Water Quality 1617 Mail Service Center . Raleigh, NC 27699-1617 (919) 733-7015
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Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
April 3, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.L Willoughby, Manager
City of Washington
P.O. Box 1988
Washington, N.C. 27889
Subject:
Notice of Violation
Notice of Intent to Enforce
Tar - Pamlico River Basin Riparian Buffer Rules
Beaufort County
Dear Mr. Willoughby:
On 13 February 2001, staff from this office investigated a violation of North Carolina
Administrative Code 02B .0259: Tar - Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Existing Riparian Buffers. The violation
was determined along a tributary to Jack's Creek from the mouth of the tributary upstream to
East Fourth Street and from East Fourth Street upstream to East Fifth Street.
It has been determined by the Division of Water Quality staff that approximately 1000 linear feet
of streamside buffer of this tributary has been disturbed. Vegetation has been removed and
ground disturbance has occurred. A section of the tributary between East Fourth Street and East
Fifth Street has been piped and the buffer removed.
The impacts to the riparian zones referenced above are a violation of the Tar-Pamlico River
Basin Nutrient Waters Management Strategy Protection and Maintenance of Riparian Buffers,
North Carolina Administrative Code 15A: 02B .0259, which states the following:
"This Rule shall apply to 50-foot buffers directly adjacent to surface waters in the Tar-
Pamlico River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries)
excluding wetlands."
This office requires that you submit a plan within 30 days of receipt of this Notice of Violation /
Notice of Intent to Enforce to resolve the violations noted at this site. The plan should include the
full restoration of all lost uses not exclusive to but including; erosion control, stream bank
stabilization, filtration, and nutrient uptake. The restoration plan must include the following:
A map of the proposed restoration site.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)
to,
• A vegetation plan. The vegetation plan shall include a minimum of at least two (2) native
hardwood species, two (2) to three (3) gallon size specimens, planted at a density
sufficient to provide 320 trees per acre at maturity.
• A grading plan (if necessary). The site shall be graded (if necessary) in a manner to ensure
diffuse flow through the riparian buffer.
• A fertilization plan.
• A proposal for the restoration of the degraded stream segment. The pipe must either be
removed and the adjacent buffer zones restored or a Section 401 Water Quality
Certification must be applied for and issued After-the-Fact for the piped area of the
tributary.
• A schedule for implementation.
Upon completion of the restoration of the buffer the following must be received by this office:
Within one year after the Division has approved the restoration plan, you must present
proof to the Division that the riparian buffer has been restored. If proof is not presented
within this timeframe, it shall be in violation of the riparian buffer protection program.
Annual reports must be submitted for a period of five years after the restoration showing
that the trees planted have survived and that diffuse flow through the riparian buffer has
been maintained. You shall be responsible for replacing trees that do not survive and for
restoring diffuse flow if needed during that five-year period.
The Washington Regional Office of the Division of Water Quality will determine if an
enforcement action is to be recommended based on your response to this office. If you have an
explanation for these violations that you wish to present to this Division, please respond in
writing to the Washington Regional Office within ten (10) days of receipt of this Notice. Your
explanation will be reviewed and if an enforcement action is deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any question or comments, please call this office at (252) 946-6481.
Sincerely,
Jim Mulligan, Water Quality Supervisor
cc: Bob Zarzecki; Buffers, Wetlands/401 Unit
Danny Smith; Compliance and Enforcement, Wetlands/401 Unit
WaRO Files
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Name: AURORA Location: 035° 18'04.2" N 076° 49'03.0" W
Date: 4/31101 Caption: Tar-Pamlico Buffer Vio.
Scale: 1 inch equals 1000 feet Superior Timber Co.
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MW AT ?RQG Michael F. Easley
010526 Governor
y
r _ William G. Ross Jr., Secretary
"t P-Portme of;Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
April 3, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R.L Willoughby, Manager
City of Washington
P.O. Box 1988
Washington, N.C. 27889
Subject: Notice of Violation
Notice of Intent to Enforce
Tar - Pamlico River Basin Riparian Buffer Rules
Beaufort County
Dear Mr. Willoughby:
On 13 February 2001, staff from this office investigated a violation of North Carolina
Administrative Code 02B .0259: Tar - Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Existing Riparian Buffers. The violation
was determined along a tributary to Jack's Creek from the mouth of the tributary upstream to
East Fourth Street and from East Fourth Street upstream to East Fifth Street.
It has been determined by the Division of Water Quality staff that approximately 1000 linear feet
of streamside buffer of this tributary has been disturbed. Vegetation has been removed and
ground disturbance has occurred. A section of the tributary between East Fourth Street and East
Fifth Street has been piped and the buffer removed.
The impacts to the riparian zones referenced above are a violation of the Tar-Pamlico River
Basin Nutrient Waters Management Strategy Protection and Maintenance of Riparian Buffers,
North Carolina Administrative Code 15A: 02B .0259, which states the following:
"This Rule shall apply to 50-foot buffers directly adjacent to surface waters in the Tar-
Pamlico River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries)
excluding wetlands."
This office requires that you submit a plan within 30 days of receipt of this Notice of Violation /
Notice of Intent to Enforce to resolve the violations noted at this site. The plan should include the
full restoration of all lost uses not exclusive to but including; erosion control, stream bank
stabilization, filtration, and nutrient uptake. The restoration plan must include the following:
A map of the proposed restoration site.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)
• A vegetation plan. The vegetation plan shall include a minimum of at least two (2) native
hardwood species, two (2) to three (3) gallon size specimens, planted at a density
sufficient to provide 320 trees per acre at maturity.
• A grading plan (if necessary). The site shall be graded (if necessary) in a manner to ensure
diffuse flow through the riparian buffer.
• A fertilization plan.
• A proposal for the restoration of the degraded stream segment. The pipe must either be
removed and the adjacent buffer zones restored or a Section 401 Water Quality
Certification must be applied for and issued After-the-Fact for the piped area of the
tributary.
• A schedule for implementation.
Upon completion of the restoration of the buffer the following must be received by this office:
Within one year after the Division has approved the restoration plan, you must present
proof to the Division that the riparian buffer has been restored. If proof is not presented
within this timeframe, it shall be in violation of the riparian buffer protection program.
Annual reports must be submitted for a period of five years after the restoration showing
that the trees planted have survived and that diffuse flow through the riparian buffer has
been maintained. You shall be responsible for replacing trees that do not survive and for
restoring diffuse flow if needed during that five-year period.
The Washington Regional Office of the Division of Water Quality will determine if an
enforcement action is to be recommended based on your response to this office. If you have an
explanation for these violations that you wish to present to this Division, please respond in
writing to the Washington Regional Office within ten (10) days of receipt of this Notice. Your
explanation will be reviewed and if an enforcement action is deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any question or comments, please call this office at (252) 946-6481.
Sincerely,
l?
in Mulligan Water Quality Supervisor
cc: I ob Zarzecki• Buffers Wetlands/401 Unit
Danny Smith; Compliance and Enforcement, Wetlands/401 Unit
WaRO Files
Copyright (C) 1997, Maptech, Inc.
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Name: WASHINGTON
Location: 035° 32'38.3" N 077° 09'40 4"
Date: 4/3/101
Caption: Cith of Washington Violation of Tar-Pamlico Buffer Rules
Scale: 1 inch equals 1000 feet
Copyright (C) 1997, Maptech, Inc.