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Home My WebLink About20010528 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consider that you no longer want to pursue this project and we will retire the file and consider the application as withdrawn.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 i*A NCDENR Customer Service 1 8C0 623-7748 CF W A r4 9 ?Ol G? ? r 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 76° „ IVY 76° I I I ?° 4P O90 y? I 76` 1 1 716" 0„ ?a C) o M fh C:i 60 (i 60 r ? 1 LO Cl) It ? .. it in c+) (( li i1 ti • • ain Chnl o ? -Cl o o c 0 0 M M Prng . Prng ?f C, Ci - C > 9° W 6 1 1 9' 1 1 bid- 149'' 0. 0., I 1 6A? 119- .00" 0" 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. copyngnt (c) Tsai, maptecn, inc. 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. 77° ° 7° 0 ' 0" 77°I i i 1 97*19'" 7° 0 ' 0° r r ,,rr • �, 1 r � it . ,�i` ', it Z �c - 1 - '�;�: j/,!f .~`.. . `,,.. '``.;�., �,, ,�:M r \�* �► s M- Lo l- Mr in' * o Piling 48. a 9° W 7 ' °00' r + °0' 0' — 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.