20071779 Ver 2_Notice of Violation_20110201

AL 7A °
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 1, 2011
CERTIFIED MAIL #7010 0290 0001 5628 9547
Mr. Dwayne and Patricia Burrows
21 Holly Street
Hampton, VA 23669
Subject: NOV-2010-PC-0521
Beebe and Burrows Easement
Buffer Authorization and
401- Certification Condition Violations
Pamlico County
Dear Mr. and Mrs. Burrows:
On September 24, 2009, the Division of Water Quality (DWQ) approved impacts of 0.02
acres of wetlands and 750 square feet of protected riparian buffers for the purpose of
driveway construction and a bridge crossing at the subject property known as Pamlico
County Parcel No. K06-70. The property is located 0.05 miles east of the intersection
of SR 1324 (Florence Road) and Bay Shores Road in Pamlico County within the Neuse
River Basin.
On April 16, 2010, Anthony Scarbraugh of DWQ inspected the subject property. During
the site inspection, the investigator observed impacts to Zone 1 of the riparian buffer
beyond the authorized construction limits of 450 square feet in Zone 1 and 300 square
feet in Zone 2 authorized on September 29, 2009 for the purpose of driveway
construction and a bridge crossing. Total impacts in excess of the authorized impacts
to Zone 1 of the riparian buffer associated with construction of the driveway and bridge
crossing were approximately 1,350 square feet. The investigator also observed impacts
to an unnamed tributary (Ut) of Moore Creek from sediment entering the stream along
the northeastern side of the stream crossing, which is currently under construction.
Failure to install sediment and erosion control devices resulted in sediment entering the
Ut of Moore Creek.
North Carolina Division of Water Quality Internet: www.ncwaterouality.oro
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
Page 2 of 3
On May 12, 2010, DWQ issued Notice of Violation with Recommendation for
Enforcement to Mr. Ross Beebe, Joseph J. Gwaltney, Jr. and Suzanne Gwaltney for
above-mentioned violations. On June 30, 2010, Anthony Scarbraugh of the DWQ meet
with Mr. Ross Beebe (former easement holder of the subject property) at the subject
property to discuss the on-site violations and the required response and associated
restoration activities that would need to be submitted to this Office in written response.
On September 24, 2010, Anthony Scarbraugh of the DWQ conducted a secondary site
inspection to monitor the status of restoration activities. During the site inspection,
DWQ staff observed that sediment and erosion control measure had been installed
around the violation area and sediment deposition had been removed from the
unnamed tributary (Ut) of Moore Creek.
On February 1, 2011, DWQ staff conducted a review of Pamlico County Register of
Deeds records; DWQ has determined that you are the property owner of record and
therefore responsible for activities in violation of the conditions of the enclosed 401 -
Certification and Buffer Authorization conditions authorized by DWQ on September 29,
2009. As such, in an effort to resolve the violations associated with the exceedance of
the authorized riparian buffer impacts, the DWQ will require one of the options below
achieve the restoration of Zone 1:
Option #1. (Replanting of Zone 11
Please submit a plan to restore lost vegetation and function of the buffer. This plan
should include a five-year monitoring plan to ensure that the buffers are restored. The
planting plan must ensure that at least two native tree species be 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 refer to the Guidelines for Riparian Buffer Restoration provided online
(http://www.nceep.net/news/reports/buffers.pdf) for assistance in developing your plan.
This plan must include the types of native woody vegetation selected, methodology of
planting, and site map indicating the location of the replanting efforts. (A one-time
application of fertilizer is allowed) 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).
Option #2. (Restoration of Zone via Natural Regeneration)
Please submit a plan to restore lost vegetation and function of the buffer. This plan
should include a five-year monitoring plan to ensure that the buffers are restored. The
restoration plan must ensure that at natural regeneration of Zone 1 can ensure that at
least two native tree species be sustained at a density sufficient to provide 320 trees per
acre at maturity. 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).
DWQ will require the written response to this correspondence with the preferred
restoration method be submitted to this Office by March 2, 2011. Please note,
replanting of Zone 1 if chosen as the preferred method of restoration will be required to
be completed by March 15, 2011.
Page 3 of 3
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 continuing 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 a civil penalty
assessment of up to $25,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Anthony Scarbraugh or myself at
[phone].
Sinc " erely C
I
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosure: GC 3705 and 401 Approval Letter
Notice of Violation and Recommendation for Enforcement
cc: Ian McMillan, Wetland and Stormwater Branch
WaRO Files
William Wescott, ACOE Washington Field Office
Brad Connell, DCM Morehead City