20061592 Ver 1_Notice of Violation_20061107

~~F W ATF9 p Michael F. Easley, Governor
`~ ~ William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
~ ~
Q ~ Alan W. Klimek, P.E. Director
Division of Water Quality
November 7, 2006
DWQ EXP# 06-1592
Vance County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Charlie Keeter
Cameron & Associates
P.O. Box 1612
Henderson, NC 27536
Subject Property: NOTICE OF VIOLATION
Cameron & Associates Tract
Parcel ID: 040901001
Tar-Pamlico River Riparian Buffer Violation
Failure to Secure a 401 Water Quality Certification
Dear Mr. Keeter:
On October 17, 2006, Lia Myott and Cynthia Van Der Wiele from the Division of Water Quality (DWQ)
conducted a stream determination at the subject properly located south of Highway 158, approximately''/2
mile west of Poplar Creek Road in Vance County, North Carolina. This site visit was conducted in
response to your request to determine if the stream feature on your properly was subject to the Tar-
Pamlico River Riparian Buffer Rules.
During the October 17th site visit, Ms. Myott and Dr. Van Der Wiele observed impacts to riparian buffers
along the both sides of the unnamed tributary to Poplar Creek. The entire property (with the exception of
some areas within the power line easement) had been logged and cleared. Vegetation had been removed
from the riparian buffers on both sides of the stream, exposing bare soil. No erosion control measures
were in place and erosion was occurring. At the time of the site inspection, it was estimated that riparian
buffers had been removed from along approximately 650 linear feet of the intermittent and perennial
stream.
Based on review of DWQ files, we have not identified any Pre-Construction Notification or any Tar-
Pamlico Riparian Area Authorization, US Army Corps of Engineers 404 Permit, or 401 Water Quality
Certification from the Division of Water Quality. As a result of the site inspections and file review, the
following violation is noted:
1) Tar-Pamlico River Riparian Buffer Violations
2) Failure to Secure a 401 Water Quality Certification
3) Failure to Secure a Permit
Item I. Tar-Pamlico River Riparian Buffer Violations
The Tar-Pamlico River Basin is a river basin that is subject to riparian (streamside) buffer rules. The
purpose of these rules is to protect and preserve riparian buffers in the Tar-Pamlico River Basin. That is,
these rules help to maintain the nutrient removal functions of the streamside areas necessary to protect
surface waters. Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to
surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries).
None Carolina
401 Oversight /Express Review Permitting Unit ~t!!1'a!!1'
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Ctabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Cameron & Associates
Page 2 of 4
November 7, 2006
The protected riparian buffer has two zones as follows: (a) Zone 1 [measured from each stream bank
landward for 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in
Subparagraph (6) of 15A NCAC 2B.0255, and (b) Zone 2 [the outer 20 feet, landward from the outer 30
foot edge of Zone 1] shall consist of stable vegetated area that is undisturbed except for activities and uses
provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0255.
The site visit and file review of this tract confirmed no Pre-Construction Notification was received for this
project and riparian buffer impacts associated with clearing of vegetation, grading and grubbing were not
authorized by DWQ. Specifically, no request, or a DWQ practical alternative determination, variance or
authorization had been issued for these impacts to the riparian zone.
As a result, the following riparian buffer rule violations are noted:
Tar-Pamlico River Buffer Rule 15A NCAC 2B.0255: Vegetation has been removed from the riparian
zone, a violation of the requirement that Zone 1 and Zone 2 consist of a stable, vegetated area that is
undisturbed except for activities and uses provided for in Item (6) of the Rule. Vegetation was removed
in Zone 1 and 2 for a total length of approximately 650 feet. Therefore, an estimated 65,000 square feet
(1.5 acres) of buffer impact was observed. No variance or Practical Alternative Request was received
prior to the riparian zone impacts.
Item 2. Failure to Secure a 401 Water Quality Certification
Filling and dumping of earthen materials and debris into the stream for stream crossing purposes resulted
in conveyance of these materials downstream. A DWQ file review confirmed that no 401 Water Quality
Certification has been requested or issued for these impacts. Pursuant to 15A NCAC (North Carolina
Administrative Code) 2H.0500 states that certifications are required whenever construction or operation
of facilities will result in a discharge into navigable waters as described in 33 CFR Part 323.
Item 3. Failure to Secure a Permit
Filling a portion of the unnamed tributary to Poplar Creek also represents a violation of NC General
Statutes 143-215.1(a)(6), which states that a permit is required in order to "Cause or permit any waste,
directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in
violation of the water quality standards...unless allowed as a condition of any permit, special order or
other appropriate instrument issued or entered into by the Commission under the provisions of the
Article". This office has no record of such a permit being issued for activities at the subject site.
Requested Response
This Office requests that you respond to this letter in writing within 20 days of receiving this Notice.
Your response should be sent to both this office at the letterhead address and to the attention of Mr.
Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617. Your response should address the
following items:
1. Please explain why these impacts occurred without prior authorization.
2. Please provide your plans to delineate and avoid any further buffer impacts on the site. This
delineation should include the generation of a detailed site plan/survey which shows the stream
channel, Zones 1 and 2 of the riparian buffer, and the stream portions that have been filled.

Cameron & Associates
Page 3 of 4
November 7, 2006
3. Please provide a plan to remove the fill (approximately 30 linear feet) from the unauthorized
stream crossing that was used for heavy equipment passage (see Photo 4). This plan should
involve the least invasive clearing method possible, ensuring that heavy equipment do not have
access to the streambed. The plan should include a bank stabilization procedure following the fill
removal.
4. Please provide a plan to stabilize and replant the intermittent stream crossing location (Photo 1).
5. For the Tar-Pamlico Buffer Impacts, please submit the following Restoration Plans to this office
for review and approval.
a.) Riparian Buffers - A planting plan must be developed and implemented in order to
ensure that at least three native tree species are planted at a density sufficient to provide
320 trees per acre at maturity. This density is usually achieved by planting
approximately 436 trees/acre on a 10 x 10 ft. grid or 681 trees/acre on an 8 x 8 ft. grid.
Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance
in developing your plan (available on the web site at
http://www.nceep.net/news/reports/buffers.pdf). This plan must include the types of
native woody vegetation selected, methodology of planting, and a site map indicating
the location of the replanting efforts. Also, the plan must address the measures that will
be used for temporary stabilization sediment control while this work is under way.
In addition, DWQ requests that at least 20% of the trees planted be balled and burlapped,
1.5 - 2.0-inch caliper nursery stock, to provide variation in the size of the trees in the
restoration area.
b.) Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished. As a part of this schedule you should detaiUinclude a
three-year monitoring plan.
In addition, please provide written details regarding the protection of the riparian buffers (both
Zones 1 and 2) through capture of all buffers with deed restrictions specifying protection of the
buffers and/or placement of a conservation easement on the buffers.
6. It is required that you contact the Raleigh Regional Office of the Division of Land Resources at
[phone], and the U.S. Army Corps of Engineers at [phone]. These contacts are
necessary to ensure that your restoration efforts are in compliance with Land Resources and
Section 404 of the Clean Water Act requirements.
You are encouraged to secure a consultant to assist you with your planting plan, permit, water quality
certification or authorization necessary to achieve compliance.
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 Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This Office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to civil penalty
assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding
these matters, please contact Lia Myott at 919.733.9502.

Cameron & Associates
Page 4 of 4
November 7, 2006
Sincerely,
Cyndi B. Karoly, Manager
NCDWQ 401 Oversight/Express Review Permitting
CBIUIem
Enclosures: Guidelines for Riparian Buffer Restoration
cc: Danny Smith -DWQ NPS Assistance and Compliance Oversight Unit
Ken Krulik -Vance County Planner, 156 Church St, Suite 003, Henderson, NC 27536
Thomas Brown, USAGE Raleigh Field Office
Eric Kulz, DWQ Raleigh Regional Office RRO
RRO -Division of Land Resources
File Copy
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1. Article Addressed to:
Mr. Charlie Keeter
Cameron &Associates
P.O. Box 1612
Henderson NC 27536
DWQ# 06-1592-Vance
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