20061186 Ver 1_Notice of Violation_20060517

o~WAx~R ~~ ~~a~ rn~~a ~~~~la~
,~h Michael F. Easley, Governor
~'(F ~~i WifEi~n G. Rosa 7r., Secnsuy
~ ry',.. ;forth Carolina DtParrment ot` Environnoent and Natural ResonTCes
~ ~
0, ,~ Alan w. Klimek, P.E. Direc¢ar
Division of Water Quality
May 17, 2006
CERTIIFtED j1~L
RETU RECEIPT REt~IUESTEO
70061820 0002 4630 9025
Clear Water Marketing, LLC.
Mr. Jeff Passott
309 Middle St.
New Bem, NC 28560
Mr. Paul Avignone
P.O, Box 843
Chocowinity, NC 27817
Subject: NOTICE OF VIOLATION / 1+4OTtCE
OF RECOAAME'N'DATION FOR. EIVFORCEf~JENT
Tar-Pamli+ca Buffer Rules Voiation
Winfield Estates proptsed 5ubdiv'tsion
Bgaufart Caurtty
Dear Sir:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is
considering taking an enforcement action for a violation of 15A NCAC 2B .0259 Tar-Pamlico Riparian
Buffer Rules. On May 11, 2006 Mr. Kyle flames of this office met with Mr. Avign+one an the subject
property located south of SR 1715 and two (2} miles west of NC 92 adjacent to Pungo Creek in the
Tar-Pamlico River Basin. During this site visit Mr. Barnes observed that the entire riparian buffer on the
site had been disturbed. The extent of vegetation removal that had occurred in all of Zone 1 of the
riparian buffer was discussed. It was also explained that a member of the Division of Coastal
Management should be requested to fly the coastal marsh boundary so the riparian buffer could be
better identified.
The riparian buffer extends fifty feet landward of coastal marsh or from the tap of bank from any
feature that shows as a surface water on either the soil survey map prepared by the fVatural Resource
Conservation Service of the United States Department of Agriculture ar the most recent version of the
1:24flOfl scale quadrangle topographic maps prepared by the United States Geographic Survey
(USGS}. This regulation states under 15A NCAC 2B .fl259(4}(a} Zone 1af the Tar-Pamlico Riparian
buffer shall consist of a vegetated area that is undisturbed. Any activity within the riparian buffer other
than those listed as aExempt" uses under 15A NCAC 2B .0259(6} require approval Pram the Division of
Water Quality. A file rerriew has confirmed that no approval was sought or given to impact the
previously described area.
T<ath Carolina Davision of w'ster Quality I,n0arn6t ~ w
943 14`ashingtan $quarc Mall Phonc: 252.946.648] ~p8 ~~~ ~~~
Washington,lJC2?889 FAX [phone]
~^ Egaal ~JS~orundydAffrcnatAve Action Enpioyer - 50~o RBtyCisdlf0'ri Post Consumer Paper at~rrz !~

Please lee atlvised that this development activity without a valid permit is a violation of 15A NC,4C 2B
.0259 and may subject you to appropriate enforcement actions which provides that a evil penalty of not
more than twenty-five thousand dollars ($25,004.00} per violation may be assessed against a person
who fails to secure a permit.
If you have an explanation for this violation that you wish to present, please respond to the
Washington Regional Office in writing within '15 days after receipt of this Notiae. Your explanation will
be reviewed and considered when making a determination whether to proceed with the enforcement
action,
ff you have any questions regarding this matter please contact Kyle Barnes at X252) 948-3917.
Sincerely,
.~
L.. ,~-----`
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
cc. Danny Smith
CAMA (WaRO)
WaRO file