20060897 Ver 1_Notice of Violation_20060427

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>[~ETUU)liN REC1Ei>[a'I' REQUES'T`ED
7003 1680 0001 0743 1755
Mr. W lliarn J. Qua11c Jr.
85 ,Lake Royaie
I..OL115bUI'~, NC 27549
Dear Mr. Qualls:
WET AND SH20 13RANCH
FAt;E @2r'E14
Micltncl P, Enslcy, Governor
WiEliilrn Q, Ross Jr.. SeCretnry
North Cnrotinn 13cpartmeni n~ Gnvirnnmcnt and Naturnl RCFOUrCG•i
Aprii 27, 2006
Alnn W. Klimek, P, E. I]irretor
hi~'ision of Wntcr Quntity
Subject: Parcel 8011 Sagamol~e Iarive
Lake Royale near Bunn, NC
Ta;t'-1'alxtlico Riparial> Buffez' Violations
On'September 7, 2005,~a Notice of Violation was issued by the Taivision of ~Tater Quality (T)WQ)
ltalcigh Regional Office and on September 30, 2004, your respective written response was received by
the Raleigh Regional Office. ,A,fter review of your response, a follow up site visit was conducted on
March 28, 2006 by Priscilla Benson anal Danny Smith from the DWQ Central Office at your property
located at fake Royale near Bunn, NC in Johnston County. The site visit and file review confirmed the
vialafaans noted in the September 7, 2005 Notice of Violatio>a and ]~evcaled that a buffer authorization
had not yel• been applied for.
As we discussed, The Tar-Parxilico River Basin is a river basiza that is subject to riparian
(streamside) tiufFer rules as stated in. TS A I~CAC 2$.0259, The purpose of these rules is to protect and
Preserve riparian lyuffers in the Tar-Parrllico Basin. That is, those zules help tp maintain the nut]'ient
removal functions of the strearrlside areas necessary ca protect surface waters. Specifically, this Rule
applies to the :50-foot wide riparian buffer. directly adjacent to surface watery (interls>_ittent streanns,
perennial streams, lakes, ponds, and eatuaries). l"'urther, the protected ripalian buffer has two zones as
follows: (a) lone 1, [measured from stream bank Iandward for 30 feet shall consist of a vegetated area
that is undisturbed except for uses provided for in Subparagraph (6) of 15A, NCAC 213.0259, and (b)
Zone 2 [the outer 20 feet, landward frotxl the outer 30 foot edge of zone I] shall consist of stable
vegetated area that is undisturbed except for activities and uses provided for in Subparagraphs (4) and
(.6) of 15A, NCAC 2B .0259.
During the cite visit, the investigators took photographs and 1tla.d.e ol~servations of impacts to bath
Zinc 1. and lone 2 of the riparian buffer. Specifically, parts of Zone I a>a.d Zone 2 were graded and
vegetation was removed. A dtxveway vvas present in 71ane 2. Scdirnent deposition was also present in
Zone ,1. and wetland fill was noted.
The bufifer area must be restored; zone 1 should be replanted arld the driveway should be moved out
of Zone 2 and, Zone 2 Should be vegetated as well. Tf the driveway cannot be removed. from the buffer,
please provide an explanation- You vuili have to Beck a buffer authorization or variance,and mitigate the
damages.
iV~~"~` ,Cs~ralina
,/Vrtt~rr~rll~
North Cnrglina Division of'Watcr Quality 1617 Mnil Service Center Raleigh, N~ 27G4q.1617 Phone (91~) 733-5083 Customer Service
Inrcrf~et: ,www.ngwntcrr,~atil .or Locution; 512 N. Salisbury Sr. Raicielt, NC 27b04 1~ax (919) 733-9(12 1-877-67.3-G7d$
An l:quel Opptsrturtli~+/Ai$rmatlve Acton ErrrErioyer - 50% RecyGedll O°k Post Consurr>ar paper
SEP-6-2©06 WED 12:15 TEL: [phone] NAME:DWQ-WETLANDS P. 2

~i9f F~612066 13:27 9157:339612 WET AND SH2O BRANCH PAGE 03'64
Please submit a Restoration Plan to this offcc for review and. approval This plan_must ~be developed ,
to ensure that at bast two native tree species are planted at a deztsity suf~c~.ent to provide 320 treeslacre
at maturity, This density is usuelly' achieved by planting appraxirr~ately 436trees/acre oz~ a 10 it: x l.0 ft.
grid or 6H 1 trees/acre orx an 8 ft. x S ~, grid, please See the Guidelines for Riparian Buffer kestoratio~z
(Tarauary 200 ],)fox assistance zn developing yau.r plan (available on the web at:
ltttt~://h2o.enx state nc us/wm/pdf/buffexs ndf ). 7"his plan must include the types of dative woody
vegetation selected, methodology ofplanting, and a site map imdicatiz~g the location of the replanti,r~g
efforts.
A.dditiotaally, you discussed your desire to build a boat dock ~y yow proiierty. Water dependant
structures are allowable, however, you wi11 have to seek prior autlaoriz~atiott from DWQ before
proceeding. We are concerned over your, descxiptioz~ of hQw you wanted to build the boat. dock. The
boat dock should not be cor-stnxcted so'that the riparian buffer is lost. 'lease contact Amy Chaprxian
with the 40l Oversight axad. Express Perntitting Unit at (9.19} 715-6$23 for ,further information regarding
tlxe buffer authorization. , ~~
.Finally, sadimez~t from the construction ofyour home should be stabilized to prevent it from running
into the buffer and the stream, We noted silt.fences on your property, but.they had failed anal allowed
sediment into the xApar~ain bufiFcr and on wetlattds adjacent to the stream', ~ ~ ~ .
Tinis Ofl•~ce requests that you rt~pond to this letter in writing~within 2(1 days of Receipt of this
Notice. Your response should be serit to'the attention, ofl'ztiscilla Benson of the DWQ NPS Assistance
a
nd Cornpliance Oversight Unit at 16l 7. Mail Service Center, Ra1ei.
gh, NC z7699~1G17. ~ .
Tl~k you for your attention to this i»atter. Please mote that any vzolati.ons are subject to civil
penalty assessment of up to $2S,OQ0.00 per day fax each. violation. Should you }cave any questions,
please contact Priscilla Benson, at [phone] ext. 3ti0 or myself at (919) 733;5 83 ext, 353;
Sincerely, ;. ,
Tunny $bni
NPS Assis once at~d Compliance Unit Superyi,sor
cc: NPS Assistance and Cotttplianance Oversight Unit ]riles
~.
l)WQ Central Files .' ~ . , _ .
SEP-6-2006 WED 1E: 16 TEL:[phone] NAME:DWQ-WETLANDS P. 3

E9!' ~f61 ~0~6 13:27 9197339612 WET AND 5H2O BRANCH FA~:aE F_14f X04
Map 21, 200G

Subject: Pa~ncel80l Sagatn.ore
Jake l~oyale near Bunn NC
Tar-Pat~alico Riparian Buffer
Priscilla $enson
1617 Mail Service Center
Raleigh, NC 27ti99~1617
I7ca;r Ms. Setison,
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Ire tesporASe to you letter dated April 27, 200G, I have developed a landscape plan to
restore the bn£fer zonca, I am also applying for a 404 permit, a 401 water c~ality
certification, zipatiaa or watershed buf£cx rules az~d isolated wetland permit £itom AWQ.
The is.RUC nrnv is try driveway which is located in zone 2. According to the buffer rules 15A.
NC,AC 25.0259, driveway less than 2500 square feet are excznpt. The zr:ason fox the
~lacexne;nt of the driveway is because of a nearby hill, which i£ the dziveway were moved
closer to die hill it would make it extremleq dangerous for etztering and exitix~ the driveway
The original plans show the davecvay in zone 3, but I have moved it to zone 2 m lessen the
impart. In :reference to the proposed. boat house and dock, the excavation cnxcompasses
1500 square feet wl7ach is 4 /3~ the area designated ag lake on the plat map, Tbas leaves GQ00
square feet as a riparian buffer to lessen the impact The only way Z can co;atrol th.e erosion
is to implcrnent map plans, which have to ga in order of excavation, boat house and dock,
drrvcavaq, landscape and zestoratioa.
I was not ai2le to pull up your wcbsite (~tt~i://h2o.enr.ata~e.plc.us/~cxr~,p/pdf,(la~~,ffers.~a~i,~}•
Is it possible to obtain this inforznatio~a by some other method, sa that I will know what
species of trees attd planting methods arc needed. The mapped buffcaC areas that are
zequircd and proposed cover more than 54°1n o£ the .7GS acres o£ the site.
Tk-at3k you for pour pirompt attention to this rmattex
Sxncec~lp,
~~ .
William]. Q~~Jr
85 l•~ake Roylae
G25 Sagaxnore Dx
Louisburg, NC 27549
email a.ddr+~ss: jc„luaIltl .. ~,gl.coxn
Har~o.e Tel# [phone]
SEP-~-c43[16 WECi 12:16 TEL:[phone]$93 NAME:DWQ-WETLANDS P• ~