20220894 Ver 1_NOVRE_20230724

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 24, 2023
CERTIFIED MAIL #7022 1670 0000 9974 3308
RETURN RECEIPT REQUESTED
Ronnie Roberts
587 Denning Rd
Benson, NC 27509
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2023-SS-0011 DWR Site No. 20220894
49 Brookshire Drive, Bath, North Carolina
Beaufort County
Dear Mr. Roberts:
On July 20, 2023, DWR staff Robert Tankard from the Washington Regional Office, accompanied by
on -site development consultant Eric Slade, conducted an inspection of the subject site at 49
Brookshire Drive, Bath, NC, in response to complaints regarding unpermitted activities with the Tar -
Pamlico River basin buffer. Approximately 980 cubic feet within the riparian buffers have been
impacted from recent unpermitted construction activities. In addition, DWR staff observed impacts
to a stream on property between the house and highway 92. The impacted stream is an unnamed
tributary to Bath Creek within the Tar -Pamlico River Basin. The impacted unnamed tributary is
shown on the USGS National Map at https://apps.nationalmap.gov/viewer/ and subject to the Tar -
Pamlico Riparian Buffer Rules.
A review of DWR files confirmed that no Tar -Pamlico River Basin Buffer Authorization has been
issued for the recent impacts on this site.
As a result of the inspection and file review, the following violations are noted:
1. Water Quality Standard Violations
The impacts to the stream from grading, installation of pipes and unauthorized earthen fill
are violations of Water Quality Standards for class C waters, 15A NCAC 0213.0211 (1) and (2).
15A NCAC 02B .0211 lists the fresh surface water quality standards for Class C waters. 15A
NCAC 02B .0211 (1) lists the best usage of Class C waters and states that all freshwaters shall
be classified to protect these uses at a minimum. These uses are listed as aquatic life
propagation, survival, and maintenance of biological integrity (including fishing and fish);
wildlife; secondary contact recreation as defined in Rule .0202 of this Section; agriculture;
and any other usage. Title 15A NCAC 02B .0211 (2), for Class C waters, includes "The
conditions of waters shall be such that waters are suitable for all best uses specified in this
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000

Rule. Sources of water pollution that preclude any of these on either a short-term or long-
term basis shall be deemed to violate a water quality standard;"
2. Tar -Pamlico River Riparian Buffer Violations
The grading, vegetation removal, and concrete fill within Riparian Buffer are violations of
the Tar -Pamlico River Riparian Buffer Rule Title 15A 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.
3. Impacts to Tar -Pamlico Riparian Buffer beyond DWR Wetland Permit 20220894
Version 1
Project has impacted Tar -Pamlico Riparian buffers beyond scope of what was originally
permitted.
Required Response
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of
receipt of this Notice. You are encouraged to secure a consultant to assist you with your
restoration plan, development, or authorization necessary to achieve compliance. Your
response should be sent to Robert Tankard with the DWR Washington Regional Office via email
[e-mail], , or regular mail to 943 Washington Square Mall, Washington, NC 27889
and to Shelton Sullivan with the DWR Central Office via email at [e-mail], and
include the following:
1. Please explain how and why these impacts occurred.
2. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those features.
3. Please submit the following documents for review and approval:
a. Stream Restoration Plan - Explain how you plan to restore the pattern, profile and
dimension of the impacted stream channels including the removal of pipes,
stormwater inlets, earthen fill, and any associated riprap. The streambed must be
restored to the original profile, the stream banks must be stabilized, and any fill
material must be removed from the riparian zone.
b. Buffer Restoration Plan - Replanting and Restoration of the riparian buffer will be
required. This plan should include the restoration of the 50 ft. buffer along the
impacted stream. The Restoration Plan should include the requirements as per 15A
NCAC 02B .0295 (n) (2) which includes the following:
i. A map of the proposed restoration area.
ii. 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

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.
iii. A grading plan (if applicable). The site shall be graded in a manner to ensure
dispersed flow requirements for stormwater runoff.
iv. 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.
v. On the exposed, bare soil areas, provide some type of stabilization such as
mulch, erosion control matting, or other method to prevent any additional
erosion through the buffer and sedimentation to water of the state.
A schedule for implementation, (including a fertilization and herbicide plan if
applicable).
d. 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 stream
and buffer restoration for five years, or before, if released by DWR, including the
stability of the stream and 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 Robert Tankard with
the DWR Washington Office at rob ert.tankardOde q.nc.gov , and to Shelton
Sullivan with the DWR Central Office at [e-mail] or
regular mail as listed above.
e. Buffer Authorization - If you are requesting some of the buffer impacts to remain in
place, then a Buffer Authorization Certificate may be required as per 15A NCAC
02B .0611.
Please include in your response a detailed schedule with dates explaining when the
restoration will be accomplished; and, if you plan to seek a permit, when
application(s) will be submitted. Also include your plans to avoid further impacts
on the site.
g. You must also comply with any Local Government requirements and regulations
regarding the activity on the subject site.
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

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 [phone]or Robert Tankard
[phone].
Sincerely,
Row T"
Robert Tankard,
Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
cc: 401 & Buffer Permitting Branch, Shelton Sullivan (via email)
Ashley Grandy, CAMA (via email)
laserfiche
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—UI0-Ift /� 919.707.9000