20061592 Ver 2_Notice of Violation_20061221

~OF W A T~9o Michael F. Easley, Governor
~~ G William G. Ross Jr., Secretary
~ 1~-- North Carolina Department of Environment and Natural Resources
~ ~
~ .C Alan W. I{limek,,P.E. Director
Division of Water Quality
December 21, 2006
DWQ EXP# 06-1592v2
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: 040902003 and 041204004
Tar-Pamlico River Riparian Buffer Violation
Failure to Secure a Riparian Buffer Authorization
Dear Mr. Keeter:
On November 20, 2006, Lia Myott and Cynthia Van Der Wiele from the Division of Water Quality
(DWQ) conducted a stream determination at the subject property located south of Highway 158, and 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 property was subject to the Tar-Pamlico River Riparian
Buffer Rules.
During the November 20th site visit, Ms. Myott and Dr. Van Der Wiele observed impacts to riparian
buffers along the both sides of an intermittent stream leading to an unnamed tributary to Poplar Creek and
to Zone 2 of the riparian buffer of the unnamed tributary to Poplar Creek. The entire property (with the
exception of 20 to 30 feet of riparian buffer on the unnamed tributary) had been logged and cleared. 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 3001inear feet of the
intermittent stream and approximately 25 feet of the outer riparian buffer had been removed along
approximately 800 feet of the unnamed tributary to Poplar Creek.
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 and Failure to Secure a Riparian Buffer
Authorization
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).
N~~tktCarolina
401 Oversight /Express Review Permitting Unit QtIICQ~~~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Cameron & Associates
Page 2 of 3
December 20, 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. Impact 1: Vegetation was
removed in Zone 1 and 2 for a total length of approximately 300 feet. Therefore, an estimated 30,000
square feet (0.7 acres) of buffer impact was observed. Impact 2: Vegetation was removed in Zone 2 and
approximately 5 feet of Zone 1 for a total length of approximately 800 feet. Therefore, an estimated
40,000 square feet (0.9 acres) of buffer impact was observed. The two impact areas result in at total of 1.6
acres of riparian buffer impact. No variance or Practical Alternative Request was received prior to the
riparian zone impacts.
Requested Response
On December 20, 2006, this office received a buffer restoration plan from S&EC, PA for this site. The
restoration plan included a planting plan for the intermittent stream, but not for the impacts to the buffer
of the unnamed tributary to Poplar Creek. 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 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 showing the stream
channel and Zones 1 and 2 of the riparian buffers for all streams on the two tracts.
2) 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 I O 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.netlnews/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.

Cameron & Associates
Page 3 of 3
December 20, 2006
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 detail/include a
three-year monitoring plan.
c.) Please measure (or GPS) the existing riparian buffer on the Unnamed Tributary to Poplar
Creek to determine the width of the existing buffer as it appears that Zone 2 will need to be
replanted as well as portions of Zone 1 in some areas.
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.
3) 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.
Sincerely,
~'~'~
Cyndi B. Karoly, Manager
NCDWQ 401 Oversight/Express Review Permitting
CBK/lem
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, USACE Raleigh Field Office
Mike Horan, DWQ Raleigh Regional Office RRO
Karen Pageau, Raleigh Regional Office -Division of Land Resources
File Copy
Central Files