20010753 Ver 1_Complete File_20040328

WATF
9 p ?? p i Michael F. Easley
Governor
r 4 ` William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
? \ Division of Water Quality
MEMORANDUM
March 27, 2001 0 1 0 7 5 3
To: Bob Zarzecki
From: Deborah Sawyer
Subject: NOV/NOI Manchester Subdivision
Please find attached a copy of the NOV/NOI for the Manchester subdivision in Pitt County. Also
enclosed are copies of digital pictures taken at the site and a copy of the news report on
Channel 9 (CBS). It was aired at 6:00 PM and 11:00 PM on 3/26/01 and at 6:00 AM on 3/27/01.
It was also aired on Channel 11 (FOX). The reporter cut the interview portion about the rules in
general and misquoted some of the information. Please make sure Coleen and Ernie see this and
are aware of the situation. Thanks.
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)
W AT ?9pG
r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Q `C Kerr T. Stevens
Division of Water Quality
March 27, 2001
CERTIFIED MAIL 010753
RETURN RECEIPT REQUESTED
Mr. Charles Vandiford, President
Vanrack, Inc.
Route 1, Box 233
Snow Hill, N.C. 28580
Dear Mr. Vandiford:
Subject: NOTICE OF VIOLATION
NOTICE OF INTENT TO ENFORCE
Neuse River Basin Buffer Rules
Manchester Subdivision
Pitt County
On 26 March 2001, staff from this office investigated a violation of North Carolina
Administrative Code 15A: 02B .0233, Neuse River Basin: Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Existing Riparian Buffers. The violation
was determined at the Manchester subdivision located on S.R. 1126 in Pitt County. The
subdivision is adjacent to Reedy Branch Canal which is tributary to Swift Creek in the Neuse
River Basin.
It was determined by the Division of Water Quality staff the following violations:
• Excavation of an open trench allowing stormwater to discharge into the tributary without
diffuse flow. Erosion gullies were noted in this area. Sediment was noted in the tributary
in this area.
• Excavation of the tributary bank in two (2) areas allowing stormwater to discharge into
the tributary without diffuse flow. Erosion gullies were noted in this area. Sediment was
noted in the tributary in this area.
• Construction of a pipe through Zone 1 and 2 of the riparian buffer with a concrete flared-
end storm drain outlet structure. Sediment was noted in the tributary in this area.
• Placement of riprap for streambank stabilization without review by the Division.
• Excavation and grading in Zone 1 of the riparian buffer adjacent to the bank of the
tributary. This was determined to be ground disturbance of Zone 1 of the riparian buffer.
• Excavation and grading in Zone 2 of the riparian buffer without revegetation to prevent
the discharge of sediment from stormwater into Zone 1 and the tributary.
943 Washington Square Mail Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)
The impacts to the riparian buffer referenced above are violations of the Neuse River Basin
Riparian Buffer Rule. This office requires that you cease immediately the discharge of
stormwater through the buffer zones without diffuse flow and 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 restoration, stream bank stabilization, filtration, and
nutrient uptake. The restoration plan must include the following:
• A map of the proposed restoration site with the dimensions of the impacted area to scale.
• A vegetation plan. The vegetation plan shall include a minimum of at least two (2) native
hardwood tree species planted at a density sufficient to provide 320 trees per acre at
maturity.
• Removal of the stormwater conveyances from both Zone 1 and 2 to allow diffuse flow
into the tributary or submit a stormwater management plan for control of sediment and
nutrients.
• 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 segments.
• A proposal for the restoration of the stream bank in the areas where the excavation had
been performed.
• A proposal for either the removal of the riprap material or a plan for approval by the
Division for shoreline stabilization.
• A schedule for implementation of the restoration plan.
Upon completion of the restoration of the riparian buffer, the following must be received by this
office:
Within one (1) 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 intends to recommend that an
enforcement action, which may include a civil penalty, be initiated for the violations cited on this
site. 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 after 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 questions or comments, please call this office at [phone].
Sincerely,
Jim Mulligan, Water Quality Supervisor
cc: Dawy Smith, Wetlands/401 Unit, Compliance and Enforcement
wffb"b Zarzecki, Wetlands/401 Unit, Buffers
Floyd Williams, Division of Land resources
WaRO File

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