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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 oawm�em m E..a��me�mi o�ei� 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()()() oawu�em m ����m.i o�si� 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()()() oawu�em m ����m.i o�si�