Signed_NOV-2022-PC-0069 Tracy Warren - Beaufort Co. 20220225a (002)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL 7019 0160 0000 3479 8827
RETURN RECEIPT REQUESTED
Tracy J. Warren and Melonie I Grooms
1308 North Market Street
Washington, North Carolina 27889
Subject:
NORTH CAROLINA
Environmental Quality
February 25, 2022
NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2022-PC-0069
DWR Site No. WT003257
Tar -Pamlico River Basin Riparian Buffer Rules
213 South Main St; Bath, North Carolina
Beaufort County
Dear Mr. Warren and Ms. Grooms:
On February 2, 2022, NC Division of Water Resources (DWR) Washington Regional Office staff, Chris Pullinger and
Tina Martin, conducted a site inspection of the property at 213 South Main Street in the town of Bath. The inspection
was generated by observations of ongoing work at the property. The inspection found recent land disturbing
activities within the riparian buffer of Bath Creek in the Tar -Pamlico River Basin in Bath, North Carolina. According
to Beaufort County records, the owners of this parcel are Tracy J. Warren and Melonie I. Grooms.
During the site inspection, DWR staff observed the in -progress construction of a brick patio within the 50 ft Tar -
Pamlico River Basin Riparian Buffer along Bath Creek (Class SB, NSW). The disturbance impacted approximately 400
square feet of the riparian buffer, with approximately 40 square feet of the impacts within Zone 1 (defined as the
first 30 linear feet landward of the bulkhead and normal water line) and 360 square feet of impacts in Zone 2 (defined
as within 30 to 50 feet from the bulkhead and normal water line). A review of aerial imagery identified that a smaller
area of impervious surface (approximately 8 feet by 8 feet) may have existed prior to the present construction.
The purpose of the Tar -Pamlico River Basin Riparian Buffer Rules is to maintain and protect existing riparian buffers
and to maintain their nutrient removal functions necessary to protect surface waters.
DWR records indicate that a buffer authorization has not been applied for. DWR also has no records from the
Division of Coastal Management (DCM) to indicate that you have requested or were issued a Coastal Area
Management Act (CAMA) Minor Development Permit to construct the patio along the shoreline of the subject
property.
Accordingly, the following violations are noted.
1. The creation of impervious area within the Riparian Buffer is a violation of the Tar -Pamlico River Riparian
Buffer Rule Title 15A North Carolina Administrative Code (NCAC) 02B .0734 (8) (a) and (b) that requires that
Zones 1 and 2 of the riparian buffer shall consist of a vegetated area that is undisturbed except for uses
provided for in Items (9) and (11) of this Rule.
NORTH CAROLINA
D
neuemnentm EnWmnmanMI Omit
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office [ 943 Washington Square Mall I Washington, North Carolina 27889
252,946.6481

Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice.
You are encouraged to secure a consultant to assist you with your restoration plan development, permit, certification
or authorization necessary to achieve compliance. Your response should be sent to Chris Pullinger with the DWR
Washington Regional Office via email at [e-mail], or regular mail to 943 Washington Square Mall,
Washington, NC 27889 and to Shelton Sullivan with the DWR Central Office via email at [e-mail],
and include the following:
1.
2.
Please explain how and why these impacts occurred.
Please provide documentation that describes and quantifies the impacts on the subject site.
3. Please submit a buffer restoration plan with specific methods, materials, and completion dates for DWR
approval. This plan should include the removal of any impervious areas within the 50 ft. buffer along the Bath
Creek. The Restoration Plan should include the requirements as per 15A NCAC 02B .0295 (n) (2) which includes
the following:
a. A buffer authorization or variance application will be required for any impacts that you are asking to
remain. Please be aware that the impacts listed above as in violation of the rules do not appear to
meet the requirements of 15A NCAC 02B .0611 and 15A NCAC 02B .0734 (11).
b. Designs for any Stormwater Control Measures that are proposed to obtain dispersed flow within the
buffer.
c. A map of the proposed restoration or enhancement site.
d. A schedule for implementation, (including a fertilization and herbicide plan if applicable).
e. Once DWR approves the Restoration Plan, send notification to DWR when the restoration begins and
when it is completed.
Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated
immediately and properly resolved. This Office is considering a recommendation for civil penalty assessment to
the Director of the Division of Water Resources and/or a request for injunctive relief to the Attorney General's
Office regarding the above -mentioned, ongoing, violations on the subject site. This office requires that the
violations, as detailed above, be abated and properly resolved. Pursuant to G.S. 143-215.6A, the above -
mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through
the courts to obtain compliance on the site. Your above -mentioned response to this correspondence will be
considered in any further process that may occur.
This Office appreciates your attention to this matter and efforts to resolve the above noted violations. Should you
have any questions, please contact Chris Pullinger at [phone] or myself at [phone].
Sincerely,
David May, L.G., Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Washington Regional Office
cc: 401 & Buffer Permitting Branch — Central Office Laserfiche File
Town of Bath (via e-mail: [e-mail])
Shelton Sullivan, DWR (via email [e-mail])
Ashley Grandy, DCM WaRO (via e-mail: [e-mail])
D_E
NORTH CAROLINA
ovoa.enant m Frodl Emimnmangi quality
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889
252,946.6481