20061186 Ver 1_Notice of Violation_20060929

O~O~ W A T ~RQG
r
~ _`~-i
p `~ `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 29, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7005 1820 0003 6594 8341
Clear Water Marketing, LLC.
Mr. Jeff Passott
309 Middle St.
New Bern, NC 28560
Mr. Paul Avignone
P.O. Box 843
Chocowinity, NC 27817
Subject:: Tar-Pamlico Buffer Rules Violation
Requirement of Restoration/Enhancement
Winfield Estates proposed Subdivision
Beaufort County
Dear Sir:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality (DWQ)
received your response to our Notice of Violation/Notice of Recommendation to Enforce on June 8,
2006. This office has decided not to recommend a civil penalty enforcement for the violation of 15A
NCAC 2B .0259 Tar-Pamlico Riparian Buffer Rules. The DWQ does consider the activities that have
taken place on the property to be a violation of the Tar-Pamlico Buffer Rules 15A NCAC 2B .0259
(4)(a) "Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item
(6) of this Rule" and therefore recommends buffer enhancement/restoration as a suitable resolution for
the violation.
This office requires that you submit a plan within 30 days of receipt of this letter to resolve the violation
noted on this site. The plan should include the full restoration/enhancement of all lost uses including, but
not limited to, erosion control, filtration, and nutrient uptake. The restoration/enhancement plan should
include the following:
• A map of the restoration site. (This would be a plat of the property with the area of violation and
subsequent restoration area delineated. As stated in the first Notice of Violation letter it is
recommended the areas of coastal marsh influence be flagged by a member of the Division of Coastal
Management to correctly delineate the riparian buffer zone).
• Riparian zone planting: A planting plan must be developed and implemented in order to 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 see the attached Guidelines for Riparian Buffer Restoration
North Cazolina Division of Water Quality Internet: www.ncwaterqualit~org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
NonrthCarolina
~atura!!t~

(January 2001) 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. (Note: Zone 1 of the riparian buffer will be required to be restored).
• A fertilizer plan. (A one-time application of fertilizer is allowed).
• A schedule of implementation. Provide a timeline that the restoration/enhancement will be implemented
Upon completion of the restoration of the buffer, this office must receive the following items:
• Within 180 days after the Division has approved the restoration plan, you must present proof to the
Division that the riparian buffer has been restored. If proof is not presented within this time frame, it
shall be in violation of the riparian buffer protection program and further enforcement procedures may
be enacted.
• Annual reports must be submitted for a period of five years after the restoration showing that the trees
planted have survived and that diffuse flow through the riparian buffer has been achieved. You shall be
responsible for replacing trees that do not survive and for restoring diffuse flow if needed during that
five-year period.
Please be advised that if the requested items in this letter are not met it will be the recommendation
of this office that an appropriate enforcement action be levied. The action provides that a civil penalty
of not more than twenty-five thousand dollars ($25,000.00) per violation be incurred. If you have any
questions regarding this matter please contact Kyle Barnes at [phone].
incerely,
AI Hodge, a Tonal Supervisor
Surface Water Protection
Washington Regional Office
cc: Cyndi Karoly, Buffers- 401/WetlandsUnit
Danny Smith, Compliance and Enforcement, 401/Wetlands Unit
CAMA (WaRO)/Terry Moore
WaRO file