20071042 Ver 2_Notice of Violation_20070313

i°~
y ~~' W ~ r~~
Michael F. Easley, Governor
~'~.. y~
o
~
~
,~' ~ ~ ~~~
1
~' William G. Ross Jr., Secretary
f E
i
d N
l R
N
h C
li
D
t
t
~r
~ nv
ronment an
ura
ort
aro
na
epartmen
o
a
esources
'w `./`
!_ '~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality

March 13, 2007
CERTIFIED MAIL #7006 0100 0000 8377 3251
RETURN RECEIPT REQUESTED
Bristol Moor, LLC
Registered Agent: Kenny Fisher
2549 Amanda Place ~
Winterville NC 28590
..~..
Principal Office Address
Attention: Mike Baldwin
1015 Conference Dr.
Greenville, NC 27858
'~
Subject: NOTICE OF VIOLATION and -~
RECOMMENDATION FOR ENFORCEMENT
NOV-2007-CV-0007
Bristol Moor, LLC
Arden Ridge Subdivision, Simpson NC
Riparian Buffer Violations
Pitt County
Dear Sirs:
On December 6, 2004, Kyle Banes of Washington Regional Office of the NC Division of Water
Quality conducted a site visit of the subject tract, at your request, in order to determine the presences
of streams and extent of riparian (streamside) buffers subject the Tar-Pamlico Buffer Rules.
Accordingly, the presences of streams and riparian buffers were confirmed. A subsequent site visit on
February 28, 2006, revealed unauthorized impacts have occurred to streamside areas from the
excavation, clearing and mechanical land clearing of streamside riparian vegetation. The installation of
a road and roadside ditches, the filling of roughly forty (40) linear feet of an intermittent stream, and
grading of eighty (80} linear feet cf riparian buffer on parcel 71177. Also observed was the grading of
the riparian buffer creating nondiffuse flow from a roadside swale through the riparian buffer from a cul
de sac on parcels 711178, 71179, and 66769.
The site visit and file review of this tract confirmed no pre-construction Notification was received for the
this project and no Buffer Approval or Water Quality Certification has been issued by the DWQ for the
riparian buffer impacts with this project. As a result the following violations are noted:
Tar-Pamlico Buffer Rules -Title 15A NCAC 02B .0259
15A NCAC 02B .0259 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those
uses provided for in Item (6) of this Rule.
North Cazolina Division of Water Quality Internet: www.ncwaterquality.ore
943 Washington Square Mall Phone: 2~2-946-6481 Orle
Washington, NC 27889 PAX 252-946-9215 NorthCaro/l/ina
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper ~at~rabL~

• 15A NCAC 02B .0259 (5)
Diffuse flow of runoff shall be maintairied in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice.
Your response should be sent to both this office at the letterhead address and to the attention of Mr.
Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the
following items:
Please explain when construction (excavation, grubbing, and clearing) began at
the site and when the unauthorized impacts to riparian zone occurred.
2. Please clearly explain why appropriate riparian buffer authorizations were not
obtained.
3. Please provide a map that exactly details the streams, the location of the riparian areas,
riparian zone impacts, and the location of the roadside ditches.
4. Please submit Restoration Plans to this office for review and approval. You are encouraged to
secure a consultant to assist you with your plan development, permit, certification and
authorization necessary to achieve compliance. These plans should minimally include the
following:
Riparian Zone planting -Please submit a Restoration Plan to this office for review and approval.
This plan must be developed to ensure that at least two native tree species are planted at a
density sufficient to provide 320 trees/acre at maturity. This density is usually achieved by
planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an 8 ft. x 8 ft.
grid. Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in
developing your plan (available on the web at: http://www.nceep.neUnews/reports/buffers.pdf).
This plan must include the types of native woody vegetation selected, methodology of planting,
and a site map indicating the location of the replanting efforts.
Diffuse Flow Plan. In your response you must also clearly identify/explain how you will achieve
diffuses flow of stormwater through the riparian areas.
Thank you for your attention to this matter. This Office issued a Notice of Violation on April 17,
2006 to Mr. Mike Baldwin to the Principal Office address of Bristol Moor, LLC regarding this
matter. This office received no response. As such, this office is immediately proceeding with
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. Your above-
mentioned response to this correspondence will be considered in this civil penalty assessment
process. This office requires that the violations, as detailed above, be abated immediately.

These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters,
please contact Kyle Barnes of the Washington Regional Office at [phone].
Sincerely,
i
A Ho e`"-~ T-
g
Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Danny Smith - NPS Assistance and Compliance Oversight Unit
RO File Copy
DWQ Central Files
Jonas Hill, Pitt County Planning, 1717 W. 5th Street, Greenville, NC 27834-1696