NOV-2012-PC-0258 Ver 1_Notice of Violation_20010813

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E..
Director
August 13, 2012
CERTIFIED MAIL #70111150 0000 4205 6139
RETURN RECEIPT REQUESTED
James M. Edwards IV
290 Blackwell Loop Point Road
Oriental NC 28571
Subject: NOTICE OF VIOLATION
NOV- 2012 -PC -0258
Bow to Stern Inc.
Neuse River Buffer Violation
Pamlico County
Dear Mr. Edwards:
Dee Freeman
On July 20, 2012 Amy Adams of the Wetlands and Buffers Branch of the Division of Water Quality
inspected the property of 290 Blackwel'Case number 111lico County. The property is bordered by
Smith Creek in the Neuse River Basin and is subject to the Neuse River Riparian Buffer Rules.
During the site inspection, investigators found a new unauthorized, impervious surface within Zone 2
of the Riparian Buffer, which is prohibited without authorization in the buffer rules. Development
within the protected riparian buffer is restricted to activities listed as allowable or allowable with
mitigation in the Table of Uses and requires written approval from the DWQ. A DWQ file review
confirms these impacts to the riparian buffer occurred without any notification or authorization from
the Division of Water Quality.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
(1) Neuse River Riparian Buffer Violation
Item I. Neuse River Riparian Buffer Violation
The expansion of a structure within Zone 2 of the riparian buffer represents violations of 15A NCAC
02B .0233 (4) which states Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed
except for those uses provided for in Item (6) of this Rule.
North Carolina Division of Water Quality Internet: www.newaterqualit�org
943 Washington Square Mall Phone: 252 - 946 -6481 One
Washington, NC 27889 FAX [phone] NofthCarohna
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Bow to Stern Inc.
Pamlico County
The riparian buffer extends fifty feet landward of coastal marsh or from the top of bank from any feature
that shows as a surface water on either the soil survey map prepared by the Natural Resource
Conservation Service of the United States Department of Agriculture or the most recent version of the
1:24000 scale quadrangle topographic maps prepared by the United States Geographic Survey (USGS) in
buffered counties.
The purpose of these rules is to protect and preserve riparian buffers in the Neuse River Basin 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 buffers directly adjacent to surface waters in
the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries). Further,
the protected riparian buffer has two zones as follows: (a) Zone 1 [measured from the most landward
limit of the normal high water level, normal water level or the landward limit of coastal wetlands as
defined by Division of Coastal Management and extending landward a distance of 30 feet] shall consist
of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC
2B .0233, and (b) Zone 2 [the outer 20 feet, landward from the outer edge of Zone 11 shall consist of a
stable vegetated area that is undisturbed except for activities and uses provided for in Subparagraph
(6) of 15A NCAC 2B .0233. Any activity within the riparian buffer other than those uses listed as
"Exempt" requires approval from the DWQ. A file review has confirmed that no approval was sought or
given to impact the previously described area.
Requested Response
Case number 112
By copy of this letter, this office requests you respona in writing within 30 calendar days of receipt of
this letter to resolve the violation noted on this site. You should explain how the violation occurred,
provide a detailed restoration and monitoring plan, and explain how you propose to communicate this
issue to any future property owners. The riparian buffer restoration plan should include the full
restoration /enhancement of all lost uses including, but not limited to, erosion control, filtration, and
nutrient uptake. The response and restoration /enhancement plan must minimally include the
following:
1) Please explain when construction (excavation, grubbing, and clearing) began at the site and
clearly explain why appropriate permits or authorizations were not secured.
2) Please submit to the Division of Water Quality a request for a Session Law/ Riparian Buffer
Authorization for after - the -fact permitting. This request should include the expansion of the
residential structure as well as any additional impacts you wish considered such as kayak and
boat storage areas.
3) All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream as identified within 15A NCAC 2B .0233 (5). Diffuse flow must be established
before runoff enters Zone 2 of the riparian buffer. Please provide details on how you plan to

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Bow to Stern Inc.
Pamlico County
address stormwater on the site. This may include such options as Rain Barrels, Rain Gardens, or
guttering and redirecting stormwater outside the buffer.
4) A schedule of implementation. (Please provide a schedule with dates detailing when the
restoration will be accomplished.)
Thank you for your attention to this matter. This office requires that the violations, as detailed above,
be abated immediately. Please be advised, 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 either Amy Adams or myself at (252) 946 -6481.
Si cerely,
Al ge, LRepikaMp—ervisor
Surface Water Protection Section
Washington Regional Office
cc: WaRO Files
DWQ Webscape Unit
Brad Connell, DCM Morehead DCase number 113
Skip Lee, Pamlico County Building Inspector