Hwy 96 and SR 1607 S. of Oxford NOV

NORTH CAROLINA DEPARTMENT OR
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
NEDENR
Certified/Retum Receipt Requested
per J
Mr.Richard Moore
4674 Hwy 96 South
.. Oxford,NC 27565
*LL-MOILMAN'
ETARY Subject: Notice Of Violation
Tar-Pamlico Basin Riparian Buffer Rules
r HWY 96 and SR 1607 S.of Oxford
TPRRO 00-299
* I b Granville County
."
Dear Mr. Moore:
You own and control the property described above and this letter is being sent to you due to the activities that
. have occurred at the subject site relevant to the Tar-Pamlico Buffer Rules. This project is referenced by the
Raleigh Regional Office as TPRRO 00-299. Mr. Matt Flynn, of my Staff, and members of the Division of
Forest Resources met on site November 22,2000 and determined this site is in violation of The Tar-Pamlico
` River Basin:Nutrient Sensitive Waters Management Strategy;Protection and Maintenance of Existing Riparian
r Areas,Administrative Code T15A:02B.0259(NCAC 0259)(Tar-Pamlico Buffer Rules).
;;X.
It has been determined that the buffer along the unnamed tributary east of HWY 96 has been removed and
` the creek proper has been impacted.The Impacts to the stream have resulted in increased sediment erosion
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and buffer encroachments. It was noted that the vegetation along one side of a 30 yard length (of varying
width)had been removed.
The impacts to the riparian vegetation referenced above are violations of the Tar-Pamlico River
y Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian
Areas,Administrative Code T15A:02B.0259(NCAC.0259)which states that"existing riparian areas shall be
protected and maintained on all sides of surface waters in the Tar-Pamlico River Basin(intermittent streams,
perennial streams, lakes, and estuaries). 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
r prohibited."
The removal of the riparian buffer constitutes violations of this Rule promulgated under.0259(4)which states
the riparian buffer must be protected in two zones.
(a) "Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for
.`;.a in Item(6)...The location of Zone 1 shall be as follows:
...Zone 1 begins at the most landward limit of the top of bank or the rooted herbaceous vegetation
and extends landward a distance of 30 feet on all sides of the surface water, measured horizontally
on a line perpendicular to the surface water."
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(b) "Zone 2 shall consist of a stable,vegetated area that is undisturbed except for activities and
uses provided for in Item(6)of this Paragraph. Grading and revegetating Zone 2 is allowed provided
that the health of the vegetation in Zone 1 is not compromised Zone 2 shall begin at the outer edge
of Zone 1 and extends landward 20 feet as measured horizontally on a line perpendicular to the
`« surface water. The combined minimum width of Zones 1 and 2 shall be 50 feet on all sides of the
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surface water."
Under section.0259(11)the activity of forest harvesting In Zone 1 is conditionally allowed only on forest lands
that have a deferent for use value under forestry in accordance with G.S. 105-277.2-277.6 or on forest
lands that have a forest management plan prepared or approved by a registered professional forester.This
violation is subject to a civil penalty of$10,000 per day and in some cases up to$25,000 per day.
The Division recommends that no additional activities occur within the protected riparian buffer, until this
violation has been resolved and the Impacted area brought into compliance. You are required to respond to
this Notice within 10 days of its receipt. Your response should be directed to me at:
Raleigh Regional Office
Environmental Management and Natural Resources
1628 Mail Service Center
Raleigh,N.C.,27699
and include:
1. The dates of operation on this tract of land;
2. The total area of the stream side that was impacted;
3. Address how the buffer was impacted through the logging operation;
4. A detailed revegetation plan delineating what efforts will be undertaken to restore the vegetative
buffer to its original condition. This proposed repair plan should allow for at least two species of
native hardwood trees to be planted at a density to provide 320 trees per acre at maturity;and
5. A schedule with dates indicating when activities will be accomplished.
6. Further.you are required to stabilize the disturbed area immediately.
Please be sure to provide information as to why these impacts to the stream channel and associated buffers
occurred and whether your plans for this site will require a 401 Water Quality Certification.
Thank you for your attention to this matter. Thoroughly address the above mentioned issues in your response
and provide any additional information that you feel Is relevant If you have any questions regarding this Notice
or need additional inforation please contact Mr.Matt Flynn at(919)571-4700.
Sincerely,
Z—aa
Kenneth Schuster
Regional Water Quality Supervisor
cc: Central/RRO Files
Enforcement Group
John Domey
moorenov.doc