NOV-2012-PC-0047 The Village of the Croatan Closeout letter

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 5, 2013
LRH Development, LLC
Attn: Hovey Aiken, III
400 South Front Street
New Bern, NC 28560
Subject: Restoration Close -out
NOV- 2012 -PC -0047
The Village of the Croatan
401 Permit Conditions
Craven County
Dear Mr. Aiken:
On January 29, 2013, Anthony Scarbraugh of the Division of Water Quality (DWQ) inspected the
restoration activities at the subject property known as Village of the Croatan located off Catfish
Lake Road in Craven County. The inspection was conducted to verify the restoration activities
were conducted in compliance with the restoration plan approved by this Office on July 20,
2012.
At the time of the site inspection, the DWQ staff observed the unauthorized fill material and
culvert associated with Stream Crossing #4 had been removed from jurisdictional wetlands and
waters. The fill material was placed on the upland at the subject site. In addition, DWQ staff
observed that 102 trees had been replanted to reestablish Zone 1 of the Neuse River Riparian Buffer
adjacent to the unnamed tributary to Great Branch. At the time of the site inspection, the area of
impacts had been restored and was compliant with Notice of Violation.
This Office required that a written annual monitoring report by submitted by June 1 for a period of five -
years after the restoration to document, the trees in Zone 1 would survive and that diffuse flow through
the riparian buffer was maintained. After considering that you have planted at a required stem density
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina

Page 2 of 2
of 436 trees /acre and the potential for natural regeneration to supplement any possible tree mortality,
this Office will waive the monitor requirement and considers the 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 each
violation. Should you have any questions regarding these matters, please contact Anthony
Scarbraugh or myself at (252) 946 -6481.
Sincerely,
Amy Adams, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Shelton Sullivan, DWQ Webscape Unit
WaRO Files
William Wescott, USACE Washington Office
Kevin Avolis, Avolis Engineering, P.A., P.O. Box 15564, New Bern, NC 28651