NOV-2012-PC-2012 Ver 1_Notice of Violation_20120914

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P. E.
Director
September 14, 2012
CERTIFIED MAIL #70110110 0000 9947 7258
RETURN RECEIPT REQUESTED
Mr. Eddie Johnson
230 Beech Cove Drive
Greenville, NC 27858
Subject:
Dear Mr. Johnson:
NOTICE OF VIOLATION
Dee Freeman
Secretary
NOV- 2012 -PC -0212
Eddie Johnson
Clearing of Tar - Pamlico Riparian Buffers
Pitt County
On September 7, 2012, Roberto Scheller of the Division of Water Quality, Washington Regional
Office, conducted a site visit to the subject property located at 230 Beech Cove Drive,
Greenville, in response to a complaint of buffer cutting being conducted on -site. Review of the
subject site found that vegetation along approximately 360 linear feet of riparian buffer had been
cut. Upon closer examination of stumpage it was found that the majority of trees removed were
damaged or diseased and showed signs of rot. It was also noted that most of the under story
vegetation consisted of nuisance vegetation.
On September 10, 2012 a second site visit was conducted by Mr. Scheller and Anthony
Scarbraugh of DWQ to meet with the property owner Mr. Eddie Johnson. The cut riparian
buffer area was reviewed with Mr. Johnson and he was informed that most of the vegetation
removed is allowable in accordance with the Tar - Pamlico Buffer Rules, specifically 15A North
Carolina Administrative Code (NCAC) 02B .0259 (6) Vegetation Management. It was also noted
that there was evidence of trees and shrubbery that should have not been removed; therefore, this
letter is being issued as a Notice of Violation (NOV) of the Tar - Pamlico River Riparian Buffer
Rules. Mr. Johnson indicated that he has landscape plans to re- vegetate the riparian buffer.
As a result of the site inspection and file review, the following violations, detailed below, are
noted:
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6492
Internet: www.ncwaterguality.ora
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Nahmallm

Mr. Eddie Johnson
September 14, 2012
Page 2 of 2
(1) Cutting Zone I of the Tar - Pamlico Riparian Buffer
Item I. Tar- Pamlico Riparian Buffer Violation
The cutting of Zone I of the Tar - Pamlico Riparian Buffers violations of 15A NCAC 02B .0259
(4) (a) Zone I shall consist of a vegetated area that is undisturbed except for uses provided for in
Item (6).
Requested Response
This Office requires that a copy of your riparian buffer planting plan be submitted to this Office
for review and approval. As part of your planting scheme it will be necessary to plant at least
two (2) native species of shrubs and /or trees. It is requests that you respond to this letter in
writing within 30 calendar days of receipt of this Notice.
Thank you for your attention to this matter. Your above - mentioned response to this
correspondence will be considered in the violation process. 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 Roberto Scheller (252) 948 -3940 or myself at (252) 946 -3923.
Sincerely,
" d
Roger Thorpe, (Acting) Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosed: Site Aerial Map
cc: John Hennessey — NPS Assistance and Compliance Oversight Unit
Josh Pelleteir, U.S. Army Corps of Engineers, Washington Office
WaRO Files