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Home My WebLink AboutSigned_NOV-2023-PC-0097 Golf Club Wynd-Ironwood Golf and Country Club 2ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director CERTIFIED MAIL 7022 1670 0000 9974 9652 RETURN RECEIPT REQUESTED Golf Ironwood LLC Attn: John La Monica 200 Golf Club Wynd Greenville, NC 27834 NORTH CAROLINA Environmental Quality February 28, 2023 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2023-PC-0097 DWR Site No. WT003398 Tar -Pamlico River Basin Riparian Buffer Rules Golf Club Wynd, Greenville, NC Parcel No.4669126572 - Pitt County Dear Mr. La Monica: On February 3, 2023, NC Division of Water Resources (DWR) Washington Regional Office staff, Robert Tankard, Allen Stewart, and Brooks Sherman, conducted a site inspection of Golf Club Wynd - Parcel No. 4669126572. The reinspection was generated by a complaint of removal of trees and vegetation close to a stream. Previous site visits were conducted by staff on December 12, 2022 and January 23, 2023, based on similar complaints. The inspection found recent land disturbing activities within the riparian buffer of the Tar -Pamlico River Basin. The buffer impacted was along an unnamed tributary (UT) which flowed to the Tar River in Greenville, NC. According to Pitt County records, the owners of this parcel are Golf Ironwood LLC. The site inspection confirmed evidence of woody vegetation removal/land clearing with mechanical equipment within the 50 ft Tar -Pamlico River Basin Riparian Buffer. Approximately 2.4 acres of riparian buffer have been disturbed. The purpose of the Tar -Pamlico River Basin Riparian Buffer Rules is to maintain and protect existing riparian buffers and to maintain their nutrient removal functions necessary to protect surface waters. DWR records indicate that a buffer authorization has not been applied for. Accordingly, the following violations are noted. 1. The grading, vegetation removal, and cutting of trees within Riparian Buffer are violations of the Tar -Pamlico River Riparian Buffer Rule Title 15A North Carolina Administrative Code (NCAC) 02B .0734 (8) (a) and (b) that requires that Zones 1 and 2 of the riparian buffer shall consist of a vegetated area that is undisturbed except for uses provided for in Items (9) and (11) of this Rule. D E Q - —A North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 NorrilcnRounn � pppaf fttofEwdfOnmp loul� /`� 252.946.6481 Required Response Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. You are encouraged to secure a consultant to assist you with your restoration plan development, permit, certification or authorization necessary to achieve compliance. Your response should be sent to Brooks Sherman with the DWR Washington Regional Office via email brooks.sherman@ncdenr.gov, , or regular mail to 943 Washington Square Mall, Washington, NC 27889 and to Shelton Sullivan with the DWR Central Office via email at shelton.sullivan@ncdenr.gov, and include the following: 1. Please explain how and why these impacts occurred. 2. Please provide documentation that describes and quantifies the impacts on the subject site. 3. Please submit a buffer authorization request and/or buffer restoration plan with specific methods, materials and completion dates for DWR approval. This plan should include the restoration of the 50 ft. buffer along the UT to the Tar -Pamlico River Basin where disturbed. The Restoration Plan should include the requirements as per 15A NCAC 02B .0295 (n) (2) which includes the following: a. A buffer authorization application for any impacts that will remain beyond the below restoration requirements. b. Designs for any Stormwater Control Measures that are proposed to obtain dispersed flow within the buffer. c. A map of the proposed restoration or enhancement site. d. A vegetation plan that shall detail the activities proposed to ensure a final performance standard of at least 260 stems per acre at the completion of monitoring which can be accomplished by planting the stems in a 10 ft. x 10 ft. grid. The final performance standard shall include a minimum of four native hardwood tree species or four native hardwood tree and native shrub species, where no one species is greater than 50 percent of stems. Native hardwood and native shrub volunteer species may be included to meet the final performance standard of 260 stems per acre. The DWR may approve alternative vegetation plans upon consideration of factors, including site wetness and plant availability, to meet the requirements of this Part. e. Agrading plan (if applicable). The site shall be graded in a manner to ensure dispersed flow requirements for stormwater runoff. f. Implement necessary erosion and sedimentation control measures to prevent sediment from entering the waters of the state. You can seek assistance from the Division of Mineral and Land Resources at (252) 946-6481. g. On the exposed, bare soil areas, provide some type of stabilization with mulch, erosion control matting or other method to prevent any additional erosion through the buffer and sedimentation to water of the state. h. A schedule for implementation, (including a fertilization and herbicide plan if applicable). L A monitoring plan to document the success of the restoration. The plan shall include a proposed schedule and method for monitoring the vegetative status of the restoration or enhancement site for five years, or before, if released by DWR, including the health and average stem densities of native hardwood tree or tree and shrub species that are to be counted toward the required density. Monitoring reports should be sent by June 1 of each year for 5 years, or before if released by DWR. Reports should be sent to brooks.sherman@ncdenr.gov and shelton.sullivan@ncdenr.gov or regular mail as listed above. Once DWR approves the Restoration Plan, send notification to DWR when the restoration begins and when it is completed. D E North Carolina Department of Environmental Quality I Division of Water Resources Washington kegional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NQF �.R_JNA ftWW"a�.�mora� /`� 252.946.6481 Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated immediately and properly resolved. This Office is considering a recommendation for civil penalty assessment to the Director of the Division of Water Resources and/or a request for injunctive relief to the Attorney General's Office regarding the above -mentioned, ongoing, violations on the subject site. This office requires that the violations, as detailed above, be abated and properly resolved. Pursuant to G.S. 143-215.6A, the above - mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your above -mentioned response to this correspondence will be considered in any further process that may occur. This Office appreciates your attention to this matter and efforts to resolve the above noted violations. Should you have any questions, please contact Brooks Sherman at (252) 948-3910. Sincerely, Pow T"" Robert Tankard Assistant Regional Supervisor Division of Water Resources - WQROS cc: 401 & Buffer Permitting Branch —Central Office Laserfiche File Shelton Sullivan, DWR -Central Office (via email) Emily Thompson, USACE-Washington Office (via email) Laserfische North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 NpRT CC RCL NA o.aaro�m or E�vi,�me„t:i q�oh 2SZ946.6481 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 N047iH GAROIJWi � Deuertmenl olEmlranmemal0uei\ �� 252.946.6481 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 N047iH GAROIJWi � Deuertmenl olEmlranmemal0uei\ �� 252.946.6481 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 N047iH GAROIJWi � Deuertmenl olEmlranmemal0uei\ �� 252.946.6481 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 N047iH GAROIJWi � Deuertmenl olEmlranmemal0uei\ �� 252.946.6481