20060998 Ver 1_Notice of Violation_20060927

O~OF W A TFRpG
~ ~
.--•~
September 27, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7005 1820 0003 6594 8365
Paul Slobodian
101 Charlburn Road
Vestal, NY 13850
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject:: Neuse Buffer Rules Violation
Requirement of Restoration/Enhancement ~ (~NJ~
Baird Creek Point, proposed Subdivision ~ ~,~ r-' !J v D
Pamlico County ~r~' OG~ 3 200fi
Neuse River Baisn
Dear Sir.
tJt_r.n - vv'HTER QUALITY
,yc;, nr;D,S nNp STORldYJRfER 6RAt~CN
This letter is to notify you that the Washington Regional Office of the Division of Water Quality (DWQ)
received your response to our Notice of Violation/Notice of Recommendation to Enforce on August 31,
2006. This office has decided not to recommend a civil penalty enforcement for the violation of 15A
NCAC 2B .0233 Neuse Riparian Buffer Rules. The DWQ does consider the activities that have taken
place on the property to be a violation of the Neuse Buffer Rules 15A NCAC 2B .0233 (4)(a) "Zone 1
shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6) of this
Rule" and therefore requires buffer enhancement/restoration as a suitable resolution for the violation.
This office requires that you submit a plan within 30 days of receipt of this letter to resolve the violation
noted on this site. The plan. should include the full restoration/enhancement of all lost uses including, but
not limited to, erosion control, filtration, and nutrient uptake. The restoration/enhancement plan should
include the following:
• A map of the restoration site. (This would be a plat of the property with the area of violation and
subsequent restoration area delineated. As stated in the first Notice of Violation letter it is
recommended the areas of coastal marsh influence be flagged by a member of the Division of Coastal
Management to correctly delineate the riparian buffer zone).
Riparian zone planting: A planting plan must be developed and implemented in order to ensure that at
least two native tree species be planted at a density sufficient to provide 320 trees per acre at maturity.
This density is usually achieved by planting approximately 436 trees/acre on a 10 x 10 ft. grid or 681
trees/acre on an 8 x 8 ft. grid. Please see the attached Guidelines for Riparian Buffer Restoration
(January 2001) for assistance in developing your plan. This plan must include the types of native woody
vegetation selected, methodology of planting, and site map indicating the location of the replanting
efforts. (Note: Zone 1 of the riparian buffer will be required to be restored).
• A fertilizer plan. (A one-time application of fertilizer is allowed).
North Carolina Division of Water Quality Internet: www.ncwatcraualitv.or~
943 Washington Square A1a11 Phone: [phone] One y,
Washington, NC 27889 FNC 252-946-9215 NOI'C11C~O/I/ITla
An Equal Opportunity/Affirmative Acton Employer- 50% Regcled110% Post Consumer Paper ~aturR'!!'

• A schedule of implementation. Provide a timeline that the restoration/enhancement will be implemented
Upon completion of the restoration of the buffer, this office must receive the following items:
• Within 180 days after the Division has approved the restoration plan, you must present proof to the
Division that the riparian buffer has been restored. If proof is not presented within this time frame, it
shall be in violation of the riparian buffer protection program and further enforcement procedures may
be enacted.
• Annual reports must be submitted for a period of five years after the restoration showing that the trees
planted have survived and that diffuse flow through the riparian buffer has been achieved. You shall be
responsible for replacing trees that do not survive and for restoring diffuse flow if needed during that
five-year period.
Please be advised that if the requested items in this letter are not met it will be the recommendation
of this office that an appropriate enforcement action be levied. The action provides that a civil penalty
of not more than twenty-five thousand dollars ($25,000.00) per violation be incurred. If you have any
questions regarding this matter please contact Kyle Barnes at [phone].
Sincerely,
AI Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
Enclosure: Buffer Restoration Guidelines
cc: Cyndi Karoly, Buffers- 401/WetlandsUnit
Danny Smith, Compliance and Enforcement, 401/Wetlands Unit
Tere Barrett (CAMA Morehead)
WaRO file

.~
Y
-,-,ecosystem R
r•uoc,r:nr,~
Guidelines for ~ipa~ian
~c~~fer Resiora-~ion
.~,,
~`~~~
-,~
~~~-:-_,
`'~~7~~.
~~
i\l1' +-,
N.C. Department oFEnvironment and Natural Resources
Ecosystem Enhancement Program
October 2004

Purpose o~these Guidelines
Riparian buffers have been identified as a valuable tool for protection of water
:~.~ quality when properly designed and established in the appropriate landscape
\~`~' setting. For this reason, the goal of the Ecosystem Enhancement Program
(EEP) is to implement projects to restore riparian buffers that have the greatest value for
reducing pollutants in our surface waters as well as provide important aquatic and
wildlife habitat. The purpose of these guidelines is to provide the technical information
necessary for the successful planning and establishment of riparian buffers. The
guidelines are intended for use by private consultants in developing restoration plans for
the EEP but should also have utility for private landowners as well as local governments
involved in the restoration of riparian buffers.
Criteria for Priority Riparian Bu{fer Restoration Projects
`~,; ~~, A number of factors determine the success of particular riparian buffer
'~:w ~`~ restoration projects. In addition to the physical characteristics of the site, issues
+ p such as land costs, land ownership, and logistical constraints must be taken into
consideration. The following physical characteristics are intended to provide general
guidance when identifying sites and are not intended to exclude sites that may have merit
based on other criteria.
• Woody vegetation absent or sparse (less than 100 stems per acre that are > 5 inches
diameter at breast height) measured within 50 feet of intermittent and perennial
streams, lakes, ponds, and shorelines.
• Adjacent to headwater streams or those streams defined as first, second, or third
order.
• Project length greater than 1,000 feet (for projects implemented by the EEP).
• Ditches, gullies, or evidence of concentrated flow within 50 feet of intermittent and
perennial streams, lakes, ponds, and estuaries.
• Adjacent source of nitrogen including cropland, pasture, golf course, residential
development, ball fields, etc.
• Water table depth within three to four feet of surface as determined by characteristics
of soil cores.
Components ova Riparian Bu~{er Restoration/Enhancement Plan
Site fl ssessment
The riparian area to be restored should be evaluated with respect to these factors that
control the viability of riparian plants:
• Soil moisture
• Soil pH
2

• Soil texture
• Seasonal high water table depth
• Flooding potential
• Aspect, topography, and microtopographic relief
Site Preparation
The restoration/enhancementpian should address these items regarding preparation of the
site for planting:
Plow or rip site to improve compacted soil and/or eliminate areas where channelized
flow has developed.
Control ofsod-forming grasses such as fescue and Kentucky bluegrass that will
compete with plantings for nutrients.
Control of invasive, exotic plants that would binder the re-establishment of woody
vegetation. Proposals for pesticide use should always be reviewed by the North
Carolina Division of Water Quality staff to insure compliance with the Neuse and
Tar-Pamlico Riparian Buffer Rules.
Common Invasive Exotic Plants in Norfh Carolina
Ailanthus altissinta (Tree-of-Heaven)
Alblzia julibrissin (Mimosa)
Elaeag~uss umbellata (Autumn Olive)
Hedera helix (English Ivy)
Lespedeza cuneata (Korean or Sericea Lespedeza)
Ligustrum sinense (Chinese Privet)
Lonisera japonica (Japanese Honeysuckle)
Microstegiun: vimineutn (Japanese Grass)
Paulotivtzia tontentosa (Princess Tree)
Ptrcraria lobata (Kudzu)
Rosa ntult~ora (Multiflora Rose)
IVisteria sinettsis (Chinese Wisteria)
Stabilize areas of bare soil. Refer to the following list for species ofgrasses/sedge
appropriate for soil stabilization. The majority of these species are by necessity not
native to North Carolina. At present, there are only a few species of native grasses
useful for erosion control that are commercially available. Please note that fescue
grasses should not be used for soil stabilization. Fescue grasses, particularly tall
fescue, are competitive and will inhibit the eventual re-establishment of native
species.

Agrostisalba CRedtop)
Found in fields, pastures, roadsides, and other disturbed places throughout North
Carolina, this native warm season grass should be used sparingly for erosion control
and soil stabilization.
Carexstricta (Sedge)
This sedge occurs naturally in marshes and low meadows throughout the mountains
and northern piedmont and coastal plain of North Carolina. This species has utility in
a mix for soil stabilization in moist areas.
Dactylisglomerata COrchardgrass)
This perennial, cool season bunchgrass is a good alternative to fescue because it is
less competitive and allows native herbs to colonize the site.
Hordeum spp. (Barley)
A number of species of barley can be used for soil stabilization. Barley is a cool
season, annual grass that when moisture is available will germinate in the fall, stay
green during the winter, and then die in the spring as competition for warm season
plants increases.
Panicum c%n%stinum (Deer Tongue)
This native, perennial, warm season bunchgrass can be used in moist low woods
primarily in the piedmont and mountains.
Panicum spp. (Panic Grasses)
A number of species of panic grasses can be used for soil stabilization depending on
the moisture regime and soils of the site.
Panicum virgatum CSwitchgrass)
This native, perennial, warm season bunchgrass can tolerate a wide range of moisture
regimes. It can be used along streams, in wet or dry woods, brackish and freshwater
marshes, sloughs, swales, and low pinelands primarily in the eastern piedmont and
coastal plain.
Pennisetumg/aucum (Brown Top or Pearl Millet)
This fast-growing, robust, annual grass exhibits good drought tolerance which makes
this species an important warm season option for soil stabilization.
4

PhalarisarundinaceaCReed Canarygrass>
A native to North Carolina, this perennial cool season grass is used for the
stabilization of pond shorelines, drainage ditches, and streambanks in the mountains
and western piedmont. It is established by planting freshly cut stem slips or rhizome
fragments. Please note that this species is aggressive and forms large monotypic
stands that displace other species. It should only be used if no other species are
available.
Secale cereale (Winter Rye or Rye Grain)
Winter rye is a cold-hardy annual grass that will germinate and grow at low
temperatures. By maturing early, it offers less competition during the late spring, a
critical time in the establishment of perennial species. Winter rye germinates quickly
and is tolerant of poor soils.
Sorghum bico/orCSudangrass)
Only the small-stemmed varieties of this annual warm season grass should be used.
Sudangrass is useful for temporary seeding, and it is adapted to soils relatively high in
clay content. Seed for common Sudangrass is not always available, but other small-
stemmed types may be used, such as the hybrid Trudan. The coarse-stemmed
Sorghum-Sudangrass hybrids are not appropriate for erosion control.
Riparian Bu~{er Design
Species Diversity and Composition
'' .3 The most effective riparian buffers have trees and shrubs to provide perennial
_, :.
,~=;.
'~' `- root systems and long-term nutrient storage. The design of a riparian buffer can
° be modified to fit the landscape and the landowner's needs, for example, by
replacing shrubs with more trees, substituting some of the trees with shrubs, or
incorporating a grass zone. In any scenario, the width of the woody vegetation should be
at least 30 feet directly adjacent to the streambank/shoreline.
Choose 10-12 species of native trees and/or shrubs appropriate for site based on site
assessment and reference conditions. In addition, please note that this list is alphabetical
and does not take into account the assemblages of plants found in nature. The inventory
of plants found on the reference site can help determine an appropriate assemblage for the
restoration site. In addition, the North Carolina Natural Heritage Program's
Classification of the Natural Communities of North Carolina: Third Approximation is a
valuable reference on natural assemblages of plants (Shafele, Michael P. and Alan S.
Weakley, 1990).

Typically, there should be at least three or four understory trees for every canopy tree to
provide structural diversity similar to mature forests. Where shrub species are
incorporated into the planting plan, they should be distributed more densely at outer edge
of riparian buffer to reduce light penetration and recolonization by invasive exotic
species. The following table provides a list of native tree and shrub species appropriate
for use in riparian buffers.
Native Regions
M= Mountains
P= Piedmont
C= Coastal Plain
Master List o~Native Plants
Light Requirements
S= Shade
P= Partial Sun
F= Full Sun
Moisture Requirements
L= Low Moisture
M= Moderate Moisture
H= High Moisture
A= Aquatic
Selenti c Name Corntnon Name Re ion tight Mnlsture
M P C S P F L M H A
Medium to Large Trees
Acerbarbatum Southern sugar maple X X X X X
Acer saccharinum silver maple X X X X X
Acer saccharum sugar maple X X X X
Betula alleghaniensis yellow birch X X X X
Betula lenta cherry birch, sweet birch X X X X
Betula nigra river birch X X X X X X X
Carya aquatica water hickory X X X X
Carya cordiformis bitternut hickory X X X X X X X X
Carya glabra pignut hickory X X X X X X X X
Carya ovata shagbark hickory X X X X X X X
Carya tomentosa mockernut hickory X X X X X X X X
Celtis laevigata sugarberry, hackberry X X X X X
Chamaecyparis thyoides Atlantic white cedar X X X X X
Cladrastis kentuckea yellowwood X X X X
Diospyros virginiana persimmon X X X X X X X X
Fagus grandifolia American beech X X X X X X
Fraxinus americans white ash X X X X X X
Fraxinus pennsylvanica green ash X X X X X X X
Fraxinus profunda pumpkin ash, red ash X X X X
Juglans nigra black walnut X X X X X X
Liriodendron tulipifera tulip poplar, yellow poplar X X X X X X X
Magnolia acuminata cucumber magnolia X X X X X
Magnolia fraseri Fraser magnolia X X X
Nyssa aquatica water tupelo X X X X X X
Nyssa sylvatica black gum X X X X X X X X
Nyssa sylvatica var. biflora swamp black gum X X X X X
Oxydendrum arboreum sounvood X X X X X X X
Picea rubens red spruce X X X X X
Pinus echinata shortleaf pine X X X X X X
Pinus palustris longleaf pine . X X X X X
Pinus rigida pitch pine X X X

Scic,~tillc Nimc Common Narn~ Re~ ion ~ l.ia it h1_^isture
M P C S P F L M H A
Pinus serotina pond pine X X X X
Pinus strobus white pine X X X X X
Platanus occidentalis sycamore X X X X X X X
Populus deltoides eastern cottonwood X X X X
Populus heterophylla swamp cottonwood X X X X
Prunus serotina black cherry X X X X X X X X
Querous alba white oak X X X X X X X
Quercus bicolor swamp white oak X X X X
Quercus coccinea scarlet oak X X X X X
Quercus falcata Southern red oak X X X X X X X
Querous pagoda cherrybark oak X X X X X X
Quercus laurifolia laurel oak X X X X X X
Quercus lyrata overtop oak X X X X X
Quercus margaretta sand post oak X X X X
Quercus marilandica black jack oak X X X X X X
Quercus michauxii swamp chestnut oak X X X X X X X
Quercus nigra water oak X X X X X X X
Quercus phellos willow oak X X X X X X X
Quercus pnnus chestnut oak X X X X X
Quercus rubra Northern red oak X X X X X X
Quercus shumardii shumard oak X X X X X X
Quercus stellata post oak X X X X X X
Quercus velutina black oak X X X X X X
Quercus virginiana live oak X X X X
Robinia pseudoacacia black locust X X X X X X
Taxodium ascendens ~ pond-cypress X X X X
Taxodium distichum bald-cypress X X X X
Tilia americana var. heterophylla basswood X X X X X
Tsuga canadensis Eastern hemlock X X X X X X
Tsuga caroliniana Carolina hemlock X X X X X
Ulmus alata winged elm X X X X X X X
Ulmus americana American elm X X X X X X

Small Trees
Amelanchierarborea downy serviceberry, shadbush X X X X X X
Amelanchiercanadensis Canada serviceberry X X X X
Amelanchierlaevis smooth serviceberry X X X X X
Asimina friloba pawpaw X X X X X X
Carpinus caroliniana ironwood, American hornbeam X X X X X X X
Cercis canadensis eastem redbud X X X X X X
Chionanthus virginicus white fringetree, old man's beard X X X X X X
Comus altemifolia alternate-leaf dogwood X X X X
Comus florida flowering dogwood X X X X X X •X
Crateagus crus-galli cockspur hawthorn X X X X X X X
Crateagus flabellata fanleaf hawthorn X X X X
Crateagus flava October haw X X X X X X
Cyrilla racemiflora titi X X X X X
Fraxinus caroliniana water ash X X X X
Gordonia lasianthus loblolly bay X X X X X X

5cienti c Ndme tvomrnon Ndme Re ion Lig it Moisture
M P C S P F L M H A
Halesia tetraptera (H. Carolina) common silverbell X X X X X
Ilex opaca ;'American holly X X X X X X X X
Juniperus virginiana Eastern red cedar X X X X X X X
Magnolia tripetala umbrella tree X X X X
Magnolia virginiana sweetbay magnolia X X X X X X X
Morus rubra red mulberry X X X X X X
Osmanthus americana wild olive, devilwood X X X X
Osfrya virginiana Eastern hop-hornbeam X X X X X
Persea borbonia red bay X X X X X X
Persea palustris swamp bay X X X X X X
Pinus pungens table mountain pine X X X
Prunus americana American wild plum X X X X
Prunus caroliniana Carolina laurel-cherry X X X X X
Querous incana bluejack oak X X X X
Querous laevis turkey oak X X X X
Rhus glabra smooth sumac X X X X X
Rhus hirta (Rhus typhina) staghorn sumac X X X
Salix caroliniana swamp willow X X X X X X X
Salix nigra black willow X X X X X X X
Sassafras albidum sassafras X X X X X X X
Staphylea trifolia bladdernut X X X X
Symplocos tinctoria _ horse-sugar, sweetleaf X X X X X X X
lllmus rubra slippery elm X X X X X

Shrubs
Aesculus sylvatica painted buckeye X X X X X
Alnus serrulata" common alder X X X X X X X X
Amnia arbutifolia red chokeberry X X X X X X X
Baccharis halimifolia silverling X X X X X X
Callicarpa americana American beautyberry X X X X X X
Calycanthus floridus sweet-shrub X X X X X
Castanea pumila Allegheny chinkapin X X X X X X X
Ceanothus americanus New Jersey tea X X X X X X
Cephalanthus occidentalis buttonbush X X X X X X
Clethra acuminate mountain sweet pepperbush X X X X
Clethra alnifolia sweet pepperbush X X X X X
Comptonia peregrine sweet fern X X X X
Comus amomum silky dogwood X X X X X X X
Comus stricta swamp dogwood X X X X
Cory/us americana American hazel, hazelnut X X X X X
Euonymus americanus hearts-a-Bustin', strawberry bush X X X X X X X
Fothergilla gardenii witch-alder X X X X
Gaylussacia frondosa dangleberry X X X X X X
Hamamelis virginiana witch hazel X X X X X X X
Hydrangea arborescens wild hydrangea X X X X X
Ilex coriacea gallberry X X X X X
Ilex decidua deciduous holly, possumhaw X X X X X
Ilex glabra inkberry X X X X X X
Ilex verticillata winterberry X X X X X X X X

Scicnti Ic N.~rne ~ Common Narnc I R.e~ hen Li t Moisture.
M P C 5 P F L M H A
Ilex vomitoria yaupon holly X X X X X
Itea virginica Virginia willow X X X X X
Kalmia angustifolia var. caroliniana Iamb-kill, sheep-kill X X X X X
Kalmia latifolia mountain laurel X X X X X X
Leucothoe axillaris coastal dog-hobble X X X X
Leucothoe fontanesiana dog-hobble X X X X
Leucothoe racemosa fetterbush X X X X X X
Lindera benzoin spicebush X X X X
Lyonia ligustrina northern maleberry X X X X X X
Lyonia lucida shining fetterbush X X X X
Myrica cerifera" Southern wax-myrtle X X X X X X X X
Myrica cerifera var. pumila" dwarf Southern wax-myrtle X X X X X
Myrica heterophylla" bayberry, evergreen bayberry X X X X
Pieris floribunda evergreen mountain fetterbush X X X X
Rhododendron atlanticum dwarf azalea X X X
Rhododendron calendulaceum flame azalea X X X X
Rhododendron catawbiense Catawba rhododendron X X X X X X X
Rhododendron maximum rosebay rhododendron X X X X X X
Rhododendron periclymenoides pinxter flower, wild azalea X X X X X X
Rhododendron viscosum swamp azalea X X X X X X
Rhos copallina winged sumac X X X X X X X
Rosa Carolina pasture rose, Carolina rose X X X X X X X
Rosa palustris swamp rose X X X X X X
Rebus allegheniensis Alleghany blackberry X X X X
Rebus cuneifolius blackberry X X X X X X
Rebus odoratus purple flowering raspberry X X X
Salix humilis prairie willow X X X X
Salix sericea silky willow X X X X X X
Sambucus canadensis common elderberry X X X X X X
Spiraea alba narrow-leaved meadowsweet X X X
Spiraea latifolia broad-leaved meadowsweet X X X
Spiraea tomentosa meadowsweet X X X X X X
Stewartia malacodendron silky camellia X X X X
Stewartia ovata mountain camellia X X X X X
Styrax grandifolia bigleaf snowbell X X X X X
Vaccinium arboreum sparicleberry X X X X X X
Vaccinium corymbosum highbush blueberry X X X X X X X X X
Vaccinium crassifolium creeping blueberry X X X
Vaccinium elliottii mayberry X X X
Vaccinium stamineum deerberry, gooseberry X X X X X X
Vaccinium pallidum lowbush blueberry X X X X X
Viburnum acerifolium maple-leaf viburnum X X X X X X
Viburnum dentatum Southern arrowwood viburnum X X X X X X X
Viburnum nudum possumhaw viburnum X X X X X X
Viburnum prunifolium blackhaw viburnum X X X X X X
Viburnum rafinesquianum downy arrowwood X X X X
Viburnum rufidulum rusty blackhaw X X X X X
Xanthorhiza simplicissima yellowroot X X X X X X
* Tlrese fix nitrogen and slroufd not be used for riparian restoration adjacent to Nutrient Sensiti'.~e {Paters.

Where grasses are incorporated into the planting plan on the outside of the buffer strip,
only native grasses should be used. Native grasses produce a much more extensive and
deep root system than commonly used non-native grasses such as fescue.
Common Native Grasses
Andropogon gerardii (Big Bluestem)
Andropogon virginicus (Broomsedge)
Arundinaria gigantea (Giant Cane)
Eragrostis spectabilis (Purple Love Grass)
Panicum anceps (Beaked Panicum)
Panicum clandestinum (Deertongue)
Panicum hemitomon (Maidencane)
Panicum virgatum (Switchgrass)
Schizachyrium scoparium (Little Bluestem)
Sorghastrum nutans (Indiangrass)
Ti•idens,~lavus (Purple-Top)
Tripsacum dacryloides (Gama Grass)
Planting Density
Trees should be planted at a density sufficient to provide 320 trees per acre at maturity.
To achieve this density, approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing)
trees per acre should be planted initially. Shrubs should be planted at a density sufficient
to provide 1,200 shrubs per acre.
~,
` f~ !,
~ '~ s~ _
°~;~:,
10

Plant Size
In many cases, tl~e most cost effective and successful size plant material is bare root
seedlings. Some species such as the hickories do poorly as bare root seedlings and will
be much more successful as containerized seedlings. In either case, tree shelters should
be used to accelerate growth and increase survivability of seedlings. In addition,
management of competing vegetation after planting is easier, mowing and weed Wacker
strikes are prevented, herbicides are isolated from trunk contact, and grazing by deer are
restricted. The use of tree shelters may only be practical from an economic standpoint for
more expensive seedlings of species difficult to establish, such as red oak. Reductions in
maintenance costs and increased seedling vigor associated with tree shelters suggest that
tree shelter plantings may be a more cost-effective approach than planting unprotected
larger material. In urban or other high visibility areas, some specimen trees and shrubs
should be incorporated into the planting plan for projects implemented by the EEP.
When live stakes or dormant cuttings are incorporated in a planting plan, choose only the
previous season's growth. Live stakes should typically be approximately'/4 inch in
diameter and three feet long, and dormant cuttings should be approximately'/~ inch in
diameter and two feet long.
Suppliers of Native Plant Material
Local nurseries are the best option in acquiring plants that will be successful. Plants
grown from seeds or cuttings collected close to the restoration area will be the most likely
to survive and reproduce.
Planting Layout
The planting plan should indicate that trees and shrubs will be planted in a random
pattern. For inexperienced planting crews, pre-labeled flagged wires can be used to mark
the random location of plantings. These flags can also be color coded for each particular
species. Various colors of spray paint can also be used to differentiate species.
Planting Practices
When planting seedlings, it is helpful to mark the plants with colored flagging to make
them easier to locate during maintenance tasks. The flagging can also be color-coded to
mark plants that have died for replacement at a later date.
Tree protectors are also helpful for locating plants. Tree seedlings should be kept moist
and should not be exposed for extended periods of time. A correctly planted tree should
have the following general characteristics:
• Planted so that the root collar is slightly below the soil surface.
• Have the main roots nearly straight or spread out.
11

• Have soil firm around the roots.
• Have the tree in an upright postion and have it nearly even with the general
ground level, not sunk in a hole or raised on a mound.
Please note that the Neuse and Tar-Pamlico Riparian Buffer Rules allow for a one time
fertilizer application to establish newly planted vegetation. Ongoing fertilizer application
is prohibited by these rules.
Riparian Buffer Maintenance
Control of Grasses a nd Forbs
. .'t In the early stages of riparian buffer establishment, competition for nutrients by
:~~~% ' adjacent grasses and forbs will substantially inhibit seedling growth. Release
`~'~~~" from herbaceous competition has been demonstrated as the most cost-effective
method to accelerate the growth of seedlings. The plan for buffer establishment
must incorporate control of the herbaceous layer. Options for weed control include four
to six inches of well-aged hardwood mulch, weed control fabrics, or pre-emergent
herbicide. Typically, mowing to control weeds will be impractical based on the random
distribution of plantings. Weed control should be continued for three years from the time
of planting.
Areas oi'Concentrate~ Flow
During the required five year monitoring period, the riparian buffer should be inspected
for evidence of concentrated flow. If concentrated flow has begun to form, a level
spreader or other best management practice should be installed to diffuse the flow before
it enters the restored. riparian buffer.
Illustrations by Karen M. Ly~zch
12