NOV-2012-PC-0217 Outlaw Property/Fairfield Harbor Restoration Close-out

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Jennings and Catherine Outlaw
612 Madam Moores Lane
New Bern, NC 28562
Dear Mr. and Mrs. Outlaw:
Charles Wakild, P, E.
Director
August '13 2012
Dee Freeman
Subject.- Restoration Close -out
NOV- 2012 -PC -0217
Outlaw Property /Fairfield Harbor
Neuse River Riparian Buffer Violation
Craven County
Case number 114
On August 1, 2012, Anthony Scarbraugh of the Division of Water Quality (DWQ) met with
you to discuss a Notice of Violation issued on June 18, 2012 by DWQ for Neuse River
Riparian Buffer Violation and the required restoration. During the meeting, DWQ staff
acknowledged, that according to pictorial documentation provided by you via electronic
mail on July9, 2012, that a portion of the clearing within Zone 1 of the Neuse River
Riparian Buffer along the southeastern portion of the property adjacent to Broad Creek
previously existed as sparsely vegetated lawn and therefore would not be subject to the
violation. However, the remaining area along the northeast portion of the shoreline
within Zone 1 as demarcated by the green flagging will require restoration.
As discussed during the on -site meeting, after considering the predominant presences of
Myrica cerifera L. (Wax- myrtle) and Persea borbonia (L.) Spreng. (Redbay), this Office
agrees that restoration can be achieved via natural regeneration. In addition, this Office
will waive the monitor requirement and considers this NOV closed.
Thank you for your attention to this matter. Please remember these violations and any
future violations are subject to a civil penalty assessment of up to $25,000.00 per day for
North Carolina Division of Water Quality Internet: www.ncwaterquality.orq
943 Washington Square Mall Phone: 252 - 946 -6481 One
Washington, NC 27889 FAX 252 - 946 -9215 NorthCarolina
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Naturally

each violation. Should you have any questions regarding these matters, please contact
Amy Adams or myself at (252) 946 -6481.
Sincerely,
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I Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: WaRO Files
Brad Connell, DCM Morehead District Office
Fairfield Harbor POA
North Carolina Division of Water Quality Internet: www.ncwaterguality.orq
943 Washington Square Mall Phone: 252 - 946 -6481 One
Washington, NC 27889 FAX 252 - 946 -9215 NorthCarollina
An Equal Opportunity /Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Adullully