Moore Timber Tract NOV

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Roger Gillis
4712 Fielding Knott Road
Oxford , N.C. 27565
Subject:
Dear Mr. Gillis:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL. OFFICE
January 2, 2001
Notice Of Violation
Recommendation For Enforcement
Moore Timber Tract
Tar Pamlico River Basin Buffer Rules
Granville County
On November 22, 2000, Mr. Matt Flynn of the Raleigh Regional Office investigated a complaint regarding the
streamside (riparian) vegetative buffers along an unnamed tributary of Fishing Creek, east of Highway 96. Mr. Flynn
observed that the vegetation adjacent to the unnamed tributary had been completely removed from the creek in varying
widths for approximately 300 feet. This stream is Class C Nutrient Sensitive Water (NSW) in the Tar Pamlico River
Basin and the riparian buffer had been removed due to timber harvesting.
This Office is aware that you are the timber harvester for Ms. Richard Moore, the landowner of the property impacted
by this timbering activity and has attempted to contact you. The impacts to the riparian vegetation referenced above
is a violation of the Tar Pamlico River Basin: Nutrient Sensitive Waters Management Strategy; Protection and
Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0259 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 of the unnamed tributary constitutes a violation of this Rule promulgated under
.0259(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."
(b) "Zone 2 begins at the outer edge of Zone 1 and extends landward a minimum
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Page.Two
Moore Tract
Tar Pamlico Buffer
of 20 feet as measured horizontally on a line 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 immediate 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 10 days of its receipt. Your response should be directed to
Mr.Ken Schuster,Regional Supervisor
1628 Mail Service Center
Raleigh,N.C.,27609
Please detail what efforts will be undertaken to restore the vegetative buffer along 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 If this Office does not receive satisfactory information,a recommendation for
enforcement will be forwarded to the Director of Water Quality.
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
dc: Central/RRO Files
Enforcement Group
Ernie Averett
moore.351

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