20151164 Ver 1_Notice of Violation_20150914

Burdette, Jennifer a
From: Edwards, Anna B
Sent: Monday, September 14, 2015 1:53 PM
To: Burdette, Jennifer a
Subject: NOV Daniel E. Whitford Property
Attachments: D00060412.pdf
Please see attached for your copy.
A n*ia� 3. Edwa.v-d k
NCDENR
Administrative Assistant
943 Washington Square Mall
Washington, NC 27889
(ph)252-946-6481
(fax)252-946-9215
http://portal.ncdenr.org/web/guest

A=*P)
ICDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 9, 2015
CERTIFIED MAIL #7015 0640 0007 2358 8178
RETURN RECEIPT REQUESTED
Mr. Daniel E. Whitford
748 Downs Shore Drive
Blounts Creek, NC 27814
Subject: NOTICE OF VIOLATION
NOV-2015-PC-0239
Daniel E. Whitford Property
Tar -Pamlico River Riparian Buffer Violation
Beaufort County
Dear Mr. Whitford:
On September 8, 2015, Anthony Scarbraugh of the Division of Water Resource -Water Quality Regional
Operation Sections (DWR-WQROS) and Kelly Spivey with the Division of Coastal Management met with you
and your legal counsel Mr. Keith Hackney at your property located at 753 Downs Shore Road in Blounts
Creek, Beaufort County. During the meeting Mr. Scarbraugh discussed the two unauthorized structure
within the Tar -Pamlico Riparian Buffer. Please note, Mr. Scarbraugh with DWR-WQROS meet initially with
you at the subject property on August 20, 2015 concerning the unauthorized structures. The property is
bordered by Pamlico River, which is located in the Tar -Pamlico River Basin and is therefore subject to the
Tar -Pamlico Buffer Rules.
During the site visit, DWR-WQROS staff observed impacts to the riparian buffer adjacent to the Pamlico
River. Impacts consisted of the placement of impervious surfaces in the riparian buffer, which consists of
the construction of a new 16' X 16' covered patio and 10' X 12' wood shed, which is prohibited within the
buffer rules.
Accordingly, the following observations and violations were noted during the Division of Water Resources
inspection and subsequent file review:
Tar -Pamlico River Buffer Rule Violation
1) Tar -Pamlico River Buffer Rule Violation (15A NCAC 26 .0259)
The riparian buffer extends fifty feet landward of coastal marsh or from the top of bank from any feature that
shows as a surface water on either the soil survey map prepared by the Natural Resource Conservation Service
of the United States Department of Agriculture or the most recent version of the 1:24000 scale quadrangle
topographic maps prepared by the United States Geographic Survey (USGS) in buffered counties. The purpose
of these rules is to protect and preserve riparian buffers in the Tar -Pamlico River Basin to maintain the
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Daniel E. Whitford Property
Beaufort County
Page 3 of 3
Thank you for your attention to this matter. This office requires that the violations, as detailed above, be
abated immediately and properly resolved. Environmental damage and/or failure to secure proper
authorizations have been documented on the subject tract as stated above. Your efforts to undertake
activities to bring the subject site back into compliance is not an admission, rather it is an action that must
be taken in order to begin to resolve ongoing environmental issues.
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, the degree and extent of harm to the environment and
the duration and gravity of the violation(s) 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 concerns.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948-
3924 or myself at [phone].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosure: Major Variance Application Form
cc: WaRO File Copy
Karen Higgins -401 & Buffer Permitting Unit
Kelly Spivey — DCM WaRO
Brandon Hayes — Beaufort County Building Inspector
Keith D. Hackney, Attorney at Law, PO Box 1268, Washington, NC 27889

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b),.0259 (8)(b), .0267 (11)(c),.0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 026.0233)
❑ Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 028.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 026.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 028.0606 & 15A NCAC 026.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10-2013

8. Directions to site from nearest major intersection:
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensions
0 Adjacent streets and roads labeled with names and/or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in Won the plan)
FORM: VAR 10-2013 Page 3 of 6

D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
2a. Show the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there ore practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
FORM: VAR 10-2013 Page 5 of 6

Photographs of Site Inspection conduct on September 8, 2015 at Daniel E. Whitford
Property in Beaufort County
Photograph #1: Exposure of covered patio and shed in Zones 1 and 2 of the Tar -Pamlico
Riparian Buffer. (Facing east)

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Beaufort Property Photos
Beaufort County Property Photos
PIN: 14007897
Photo: 14007897.jpg
Copyright 2015 by Mobile311, LLC
Page 1 of 1
http://web3.mobile3l I.com/beaufortPhotos/images.aspx?pin=14007897 9/9/2015

Scarbraugh, Anthony
From: Keith Hackney <[e-mail]>
Sent: Thursday, September 10, 2015 11:00 PM
To: Spivey, Kelly; Scarbraugh, Anthony
Subject: Update on Danny Whitford
I spoke with Jennifer Burdette this afternoon. She gave me my marching orders, but she was extremely helpful in
pointing out the regs and forms for compliance. I know I will be in close contact with her through the process. She
especially told me my November deadline for the January meeting.
I will likely have questions for you both as I work through this.
Thanks,
Keith Hackney
252.946.4197
[e-mail]