Batchelor/Butts Timber Tract NOV

I/
NeNORTH CAROLINA DEPARTMENT OR
ENVIRONMENT AND NATURAL RESOURCES
December 4, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Mazur
2801 -6A Ward Boulevard
Wilson, N.C. 27893
Subject: Notice Of Violation
Batchelor/Butts Timber Tract
Neuse Basin Rules
Wake County
Dear Mr. Mazur:
RALEIGH REGIONAL OFFICE
On October 31, 2000, Mr. Steve Mitchell of the Raleigh Regional Office investigated a complaint regarding the
streamside (riparian) vegetative buffers along an unnamed tributary to Little Contentnea Creek and Little Contentnea
Creek itself. Both of these streams are within the Neuse River Basin off Highway 222 in Wilson County. Mr. Mitchell
observed that the vegetation adjacent to the unnamed tributary had been completely removed from both sides of the
creek for approximately 400 feet. Also, an additional 100 feet had been over cut along Little Contentnea Creek. These
streams are Class C Swamp Nutrient Sensitive Water (NSW) in the Neuse River Basin and the riparian buffer had been
removed due to timber harvesting.
This Office is aware that you are the primary contact for Ms. Betty Batchelor, the landowner of the property impacted
by this timbering activity but where not involved at the time of the timber sale. The impacts to the riparian vegetation
referenced above is a violation of the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 which states the following:
".0233- Existing riparian areas shall be protected and maintained in accordance with Sub -Items (3)(a) -(e) of
this Rule on all sides of surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes,
and estuaries) as indicated on the most recent versions of United States Geological Survey (USGS) 1:24000
scale (7.5 minute quadrangle topographic maps or other site specific evidence). This Rule does not establish
new buffers in riparian areas.
Exceptions to the requirements of this Rule for riparian areas are described in Sub -Items (1) a -h of this Rule.
Maintenance of the riparian areas should be such that, to the maximum extent possible, sheet flow of surface
water is achieved. Any activity that would result in water quality standard violations or that disrupt the
structural or functional integrity of the riparian area are prohibited."
The removal of the riparian buffer on both sides of the tributary and the over cutting along Little Contentnea Creek
constitute a violations of this Rule promulgated under .0233(3) which states the riparian buffer must be protected in two
zones.
(a) "Zone 1 is intended to be undisturbed forest. ...Zone 1 begins at the upper edge of the active channel
of the water body or the mean high water line and extends landward a distance of 30 feet, measured
horizontally on a line perpendicular to the waterbody.. Forest vegetation of any width that exists in Zone 1
on the effective date of this Rule must be preserved and maintained in accordance with Sub -Items (I) -,(v) of
this Item. "W F=J r-
(b) "Zone 2 begins at the outer edge of Zone 1 and extends landward a minimum
MAILING ADDRE66: 620 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA a7699 -1626
LOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NC a7606
PHONE S 1 S- 871 -4700 FAX S I D -571 -471 S
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Page Two
Batchelor/Butts Tract
Neuse Buffer
of 20 feet as measured horizontally on a lice perpendicular to the waterbody. The combined minimum width
of Zones 1 and 2 shall be 50 feet on all sides of the waterbody. Vegetation in Zone 2 shall consist of a dense
ground cover composed of herbaceous or woody species which provides for diffusion and infiltration of runoff
and filtering of pollutants.
Forestry guidelines require a Streamside Management Zone (SMZ) to be an area covered with vegetation or ground
cover on both sides of the water body. The purpose of the zone is to slow and spread surface water flow and trap and
filter out sediment before these reach the water body. Adequate ground cover must be provided to prevent accelerated
erosion.
The Division of Water Quality requires abatement of the impacts to this riparian zone. The riparian buffer must not be
grubbed out and must be replanted with species of trees compatible with Forestry guidelines. Sowing all of the exposed
areas of bare soil with some type of vegetative cover such as winter rye and mulching these areas with straw or hay will
aid in lessening the impacts from this zone. The outer periphery of Zone 2 is 50 feet away and cannot be utilized for
agricultural purposes.
You are required to respond to this Notice within 20 days of its receipt. Your response should be directed to Mr. Ken
Schuster, Regional Supervisor, 3800 Barrett Drive, Raleigh, N.C., 27609. Please detail what efforts will be undertaken
to restore the vegetative buffer along both sides of the unnamed tributary. Your proposed repair to the riparian area
should include species to be replanted and a schedule with dates indicating when certain activities will be accomplished
Thank you for your attention to this matter and be advised that the Raleigh Regional Office is considering
recommending an enforcement action be pursued for these violations. Please thoroughly address the above mentioned
issues in your response and provide any additional Page information that you wish to provide. If you have any questions
regarding this Notice or need additional information please contact me or Mr. Mitchell at 919 -571 -4700.
Sincerely,
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: Central/RRO Files
Enforcement Group
batchbut.314

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