The URL can be used to link to this page

Home My WebLink AboutNOV-2018-PC-0129_Robert G Poole NOV_20200103MCRTH CAROLINA EAVb AMMr&f QuaNty ROY COOPER Governor MICHAEL S. REGAN Secretary January 3, 2019 LINDA CULPEPPER Director CERTIFIED MAIL #7018 2290 0001 8043 6388 Robert G. Poole 1400 Walnut Street Cary, NC 27511 CERTIFIED MAIL #7018 2290 0001 8043 6395 J & D Logging, Inc. Attn: Mr. Darrell Jones 592 Brown Town Road Magnolia, NC 28543 CERTIFIED MAIL #7018 2290 00018043 6401 Duckworth Forestry & Reality, Inc. Attn: Mr. Charles Duckworth 389 Calbrad Road Rocky Mount, NC 27801 Subject: NOTICE OF VIOLATION NOV-2018-PC-0129 Robert G. Poole Tract SW Intersection of Rose and Vail Rds., Pikeville Neuse River Riparian Buffer Wayne County Dear Messrs. Poole, Jones and Duckworth: The purpose of this correspondence is to clearly communicate to you a violation regarding the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) on the subject property and the expectation to comply with the riparian buffer rules. On November 26, 2018, Anthony Scarbraugh of the Division of Water Resources (DWR) inspected a logging operation concerning a possible Neuse River Riparian Buffer violation associated with timber harvesting. Please note, a previous inspection was conducted by DWR staff on October 8, 2018. The subject property is known as Wayne County Tax Pin Number 2692085251 and is located on southwest intersection of Vail Road and Rose Road near Town of Pikeville, Wayne County. The property has one unnamed tributary (Ut) of Peacock Branch, which is located in the Neuse River Basin and is therefore subject to the Neuse River Riparian D- E�, North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 During the site visit, the investigator observed impacts to Zone 1 of the riparian buffer adjacent to the Ut (see attached maps) to Peacock Branch from timber harvesting. Impacts consisted of removal of mature trees impacting approximately 322 linear feet of Zone 1. As a result of the site inspection and file review, the following violation, detailed below, are noted: (1) Neuse River Riparian Buffer Violation -Vegetation Removal Item I. Neuse River Buffer Violation The removal of all Zone 1 vegetation along 322 linear feet of Ut to Turkey Swamp is prohibited in the buffer rules and therefore represents a violation of 15A NCAC 02B .0233 (11) (b) which states in Zone 1, forest vegetation shall be protected and maintained and must follow the guidelines outlined in 15A NCAC 02B .0233 (11) (b) (i) through (iv) of this Rule. Zone 1 of the buffer is measured from the top of bank and extends landward a distance of 30 ft. Zone 2 begins at the landward edge of Zone 1 and extends landward a distance of 20 ft. This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Please explain when timber harvesting occurred at the site and clearly explain why appropriate regulations were not followed. 2. Please provide a map that exactly details the total area of buffer on the tract and the areas of buffer that were impacted. 3. Please submit the following documents for review and approval: a. Riparian Buffer Restoration Plan is required to address the cutting and removal of the buffer vegetation as described above. This planting plan must be developed such that at least two native hardwood tree species are to be planted at a density sufficient to provide 260 trees per acre at maturity. This density can be achieved by planting approximately 360 (11 x 11 feet spacing) to 538 (9 x 9 feet spacing) trees per acre. Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. As a part of this plan, your response must include an implementation/planting schedule with clear dates. b. Specifications for physical and biological monitoring will be required for Buffer Restoration Areas for 5 five years (5 years of monitoring with a written report provided to the Regional Office by June 1 of each year). 4. Finally, you should include in your response an explanation of how you propose to prevent these North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 problems from reoccurring on this project and on future projects. It is the expectation of this office that riparian buffer adjacent to Ut of Peacock Branch will be fully restored by March 15, 2019. * * * * You are encouraged to consult with Division of Forestry Resources to assist you with your plan development, and any permit, certification and authorizations necessary to achieve compliance. * * * * Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated immediately and properly resolved. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources and/or an injunction request to the Attorney General's Office regarding the ongoing violations on your site. Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any further process that may occur. Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948- 3924 or myself at (252) 948-3921. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosure: Neuse River Riparian Buffer Rules cc: WaRO Files Shelton Sullivan —401 & Buffer Permitting Unit (via email) Nancy Blackwood, NC Forest Service (email: Nancy.Blackwood@ncagr.gov) . E� North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 1974 Wayne County NRCS Soil Survey Tr RI � ----m E Aft-Z� � North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 USGSTopographic Map I 9Zm North Carolina om__ of Environmental Quality IDivision ZWater Resources -Washington Regional Office 9l4Washington s,a Mail,Washington, North Carolina 2a7g 22, A&6#! Google Earth Image from May 3, 2018 with Flag Locations of Extent of Violation North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 JF e!�er—p. V 6� D-ft North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481