20050490 Ver 2_Notice of Violation_20071119

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1.~ J Michael F. Easley, Governor
' ~ ~ William G. Ross Jr., Secretary
North Carolina Departrnent of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0220 00031484 7432
Richard A. Samanns
P. O. Box 10579
Southport, NC 28461
Dear Mr. Sarnanns:
November 8, 2007
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Subject: NOTICE OF VIOLATION
NOV-2007-PC-0750
Neuse Buffer Violation
Permit Condition Violations -Coastal General Major
Variance
Lot #2, Fred and Robin Johnston Subdivision
Pamlico County
Neuse River Basin
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering taking
an enforcement action for unauthorized impacts to the Neuse River Riparian Buffer on your property. On October 25, 2007,
Mr. Chris Pullinger and Ms. Amy Yount of this office observed that an unauthorized retaining wall had been constructed
within Zone 1 of the riparian buffer, and approximately 2500 square feet of unauthorized earthen fill was placed behind the
wall in Zone 1 to build up the lot. The property is located at the end of Indian Bluff Drive, approximately 0.4 miles west of
the intersection of Indian Bluff Drive and Allen Road. The property is adjacent to Smith Gut, which is a tributary to the Neuse
River and in the Neuse River Basin.
There is currently an ongoing violation on-this site that is in the process of being restored and monitored as a result of
prior removal of vegetation from the riparian buffer. A Coastal General Major Variance has been issued for this lot for the
construction of asingle-family residence. The Coastal General Major Variance did not authorize the placement of fill nor the
construction of the retaining wall.
Accordingly, the DWQ site visits and file review revealed the following violations:
I. Neuse Buffer Violation
II. Permit Condition Violations (Coastal General Major Variance)
Item I. Neuse Buffer Violation
The construction of impervious surfaces such as a retaining wall in the Neuse River Riparian Buffer, in addition
to the placement of earthen fill within the Neuse River Riparian Buffer without written authorization from the NC
Division of Water Quality constitutes violations of the Neuse Buffer Rules according to Title 15A North Carolina
Administrative Code 2B .0233.
North Carolina Division of Water Quality Internet www.ncwaterquality.org
943 WashingtoaSquare MaU Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaTOlina
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Riparian Buffer Rule: The Neuse River Basin is subject to riparian buffer rules. The purpose of these rules is to
protect and preserve riparian buffers in the Neuse River Basin. That is, these rules help to maintain the nutrient removal
functions of the riparian buffers necessary to protect surface waters. Specifically, this Rule applies to the 50-foot wide
riparian buffers directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries).
For surface waters within the 20 Coastal Counties, within jurisdiction of the Division of Coastal Management,
Zone 1 shall begin at the most landward limit of: the normal high water level; or the landward limit of coastal wetlands as
defined by the Division of Coastal Management; and extend landward a distance of 30 feet, measured horizontally on a
line perpendicular to the surface water, whichever is more restrictive. Zone 1 shall consist of a vegetated area that is
undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B .0233. Zone 2 shall begin at the outer
edge of Zone 1 and extend landwazd 20 feet as measured horizontally on a line perpendicular to the surface water. Zone 2
shall consist of stable vegetated azea that is undisturbed except for activities and uses provided for in Subparagraphs (4)
and (6) of 15A NCAC 2B .0233.
Item II. Permit Condition Violations -Coastal General Maior Variance
The request for a Coastal General Major Variance was received on February 9, 2007. An approval was issued on
May 23, 2007 to Mr. Fred Johnston. As part of the approval, additional conditions were placed on the project. Failure to
follow the conditions identified in the variance approval constitutes a violation of the variance. Condition #2 of the
Coastal General Major Variance (DWQ Project No. 2008-0490v2) states:
All new stormwater drainage shall be directed to vegetated areas as dose flow atnon-erosive velocities prior to
entering the protected riparian buffer as identified within 1 SA NCAC ZB .0233(5). No new ditching or piping of
stormwater through he protected buffers is allowed.
The site visit identified that condition #2 of your variance has not been met. The construction of a retaining wall within
the riparian buffer, in addition to the placement of earthen fill in Zone 1 of the Neuse River Riparian Buffer, are
prohibited activities, as they do not allow for diffuse flow of water across the buffer.
Requested Response
By copy of this letter, this office requests you respond in writing within 30 calendar davs of receipt of this letter
to resolve the violation noted on this site. You should explain how the violation occurred, provide a detailed restoration
and monitoring plan, and explain how you propose to communicate this issue to any future property owners. The
riparian buffer restoration plan should include the full restoration/enhancement of all lost uses including, but not limited
to, erosion control, filtration, and nutrient uptake. The response and restoration/enhancementplan must minimally include
the following:
1. Please explain the sequence of events that resulted in your project's violation.
2. Please provide a map depicting the total of buffer impacts on all lots associated with the placement of earthen fill
within the Neuse River Ripazian Buffer.
3. The Buffer impacts from construction of the retaining wall and earthen fill must be restored.
a. The retaining wall, along with any earthen fill within the Neuse River Riparian Buffer, must be removed, and
diffuse flow re-established. The original grade must be restored, and all unvegetated areas should be
stabilized immediately with ground cover.
4. A deed restriction must be placed on the property in order to ensure the ripazian restoration is successful (and no
interim removal of vegetation occurs). Deed restrictions should assure compliance with NC Administrative Code 15A

NCAC 2B .0233 Neuse River Riparian Buffer Rules, site the width and location of the riparian buffer, convey
restrictions on the Buffer Area, name the enforcing and permitting agency (DWQ), and explain the binding nature of
this restriction to any present or future owners. Please provide proposed deed not cation language for review.
5. Please note: It is the expectation of this office that streamside area will be fully restored by December 30, 2007. You
should tailor your restoration proposal to achieve this goal. Please send your written response within 30 days to:
Chris Pullinger, DWQ Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889
• Shelton Sullivan, DWQ Wetlands and Stormwater Branch, 1617 Mail Service Center, Raleigh, NC 27699-
1617
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations
that may be encountered. Also, your above-mentioned response to this correspondence will be considered in this process.
These violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for
each violation. Should you have any questions regarding these matters, please contact Chris Pullinger or myself at (252)
946-6481.
incerel ,
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Al Hodge, Regional Supervisor
Division of Water Quality
Washington Regional Office
cc: Shelton Sullivan - DWQ NPS Assistance and Compliance Oversight Unit
WaRO -Water Quality -File Copy
DWQ Central Files
401 Oversight/Express Permitting Unit
Brad Connell, Morehead City CAMA Office
Pamlico County Building Inspector