HomeMy WebLinkAboutSigned_NOV Jones Co Northern Investment Group NOV2024PC0253ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARb E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 16th, 2024
CERTIFIED MAIL #9589 0710 5270 0283 9417 52
RETURN RECEIPT REQUESTED
Northern Investors Group LLC
PO Box 3
Maysville, NC 28555
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2024-PC-0253 DWR Site No. WT003564
Cindy Rd - Parcel Nos. 440502293000 & 440503403700
Jones County
Dear Mrs. Whitley:
On April 10th, 2024, DWR staff from the Washington Regional Office conducted an inspection of the
subject site located off Cindy Rd with property adjoining a stream of the Neuse River basin in
response to complaints of Neuse Riparian Buffer impacts. During the inspection, DWR staff observed
that approximately 134 linear feet of riparian buffers have been impacted from recent unauthorized
construction activities. The impacted waterbody is an unnamed tributary that drains to Tuckahoe
Swamp Creek of the Neuse River Basin. The impacted area is subject to the Neuse Riparian Buffer
Rules.
A review of DWR files confirmed that no Neuse River Basin Buffer Authorization has been issued for
the impacts on this site.
As a result of the inspection and file review, the following violations are noted:
1. Failure to Obtain Buffer Authorization
Residential development measures within the buffer zone requires at minimum a Buffer
Authorization to be issued under Neuse River Riparian Buffer Rule Title 15A NCAC
02B .0714 (11)(v).
2. Neuse River Riparian Buffer Violations
Title 15A NCAC 02B .0714 (8) (a) and (b) of the Neuse River Basin Riparian Buffer Rules
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.
Unauthorized building and construction impacts within the buffer are a violation of these
rules.
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
919.707.9000
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, or authorization necessary to achieve compliance. Your response should be
sent to Brooks Sherman with the DWR Washington Regional Office via email
brooks.shermanOdeq.nc.gov, , or regular mail to 1617 Mail Service Center, Raleigh, NC 27699-1617.
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 a Buffer Authorization application for onsite impacts and address concerns in
the application for conditions outlined in Neuse River Riparian Buffer Rule Title 15A NCAC
02B .0714 (11)(v).
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) 945-0205.
Link to Buffer Authorization Application httl2s://edocs.deq.nc.gov/Forms/Buffer-Authorization
Sincerely,
ROW T""
Robert Tankard,
Assistant Regional Supervisor
Division of Water Resources - WQROS
cc: Tara Whitley northerninvestorsgroup@gmail.com
Paul Ingram uingram jonescoun , nc.gov
Amber Rights amber.rights(@deQ.nc.gov
Laserfische
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
NORT CAROIINA 919.707.9000
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.7()7.9()()()
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.7()7.9()()()
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