20140566 Ver 1_Notice of Violation_20140509

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NCDENR
North Carolina Department of Environment and Natural Resources
May 9,2O14 ^//
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RETURN RECEIPT REQUESTED
Foster's Seafood
Mr. Ernest F. Foster
220 Loop Road
Belhaven, NC 27810
Subject: NOTICE OF VIOLATION
Duck Creek Dock Project
Beaufort County
On April 29, 2014, Anthony Scarbraugh of the of the Division of Water Resources (DWR) ins�ectce ' tl-
subject property located 70 Captain Tom Drive near the Town of Bath, Beaufort County for comp ian ie wi
the issued Authorization of Tar-Pamlico Buffer Rule Authorization Certificate (Buffer Authorizatio
According to DWR records, the property was authorized on February 25, 2013 for 2,320 square feet (ft)
Zone 1 impacts for the purpose of constructing an 8' by 290' boardwalk for use as the staging area f
crabbing operations under DWQ Project #12-1020 Ver. 2. 1
During the site visit, DWR staff observed impacts to the riparian buffer along Duck Creek and Pamlico River.
Impacts consisted of the placement of 620 square feet of unauthorized imperviousness structures in the
riparian buffer, which consist of the one ofserni'ven trailer /8' by 46'> and m deck staging area (T by 36'),
which is a violation of the Buffer Authorization and is prohibited in the buffer rules,
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INNER! I If .11131? 1
Division of Water Operations Section Washington Regional Office
943 Washington Square Mail, Washington, NO 27889
Phone: [phone] \ Fax: [phone]\ Internet: www.ncdenr.gov

impacts on February 25, 2013 after the structures were removed. The approval letter specifies that the
activities must follow the conditions listed in the Riparian Buffer Authorization, as well as additional
conditions listed in the letter.
1. Buffer Authorization:
In your modification request, two semi-van trailers (8' by 46' each) and associated 7'by 36' deck for
staging within Zone 1 were removed prior to approval. As previously stated, the approval was for
2,320 square feet (ft) of Zone 1 impacts for the purpose of constructing an 8' by 290' boardwalk for
use as the staging area for crabbing operations.
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Your response should
address the following items:
1} Please submit a Restoration Plan io this office for review and approval. This plan should include the
a. Variance Application — If you wish for any impacts to remain in place, you must contact Jennifer
Burclette of DWR 401 & Buffer Permitting Section at [phone] for information on how to
request a Major Variance; From the Tor-Pamlico Riparian Buffer Rules. For your convenience
please find attached the Major Variance application.
b. Buffer Restoration Plan- If you choose hot to obtain a Major Variance for the parking of the
semi-van trailer and associated deck to the semi-van trailer for access, you will need to include
a restoration plan. Zone I of the riparian buffer must be restored, A restoration plan will need
detail how to restore lost vegetation and function of the buffer to the previously existing
grassed lawn condition.
2) A schedule of implementation - Please provide a schedule with dates detailing when the restorati
will be accomplished. i
3) It is the expectation of this office that all impacts be abated no later than August 1, 2014. Pleaffl
tailor your response and schedule to achieve compliance by this date. I
Thank you for your attention to this matter. This office requires that the violations as described above be
properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or
i?,ssessments of civil penalties.
If you have any questions or require any additional information, please contact Anthony Scarbraugh at
[phone] or me at [phone].

cc Wa8OFiles
~/She|ton Sullivan —4O18/ Buffer Permitting Unit
Kelly Spivey —DCK8Washington