20060229 Ver 1_Notice of Violation_20081028

OF WA TF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> r
? Coleen H. Sullins, Director
O 'C Division of Water Quality
October 28, 2008
CERTIFIED MAIL # 7006 0810 0002 6049 6195
RETURN RECEIPT REQUESTED
David Smith Group, Inc.
Attn: David Smith
844 Country Club Drive
Rocky Mount, NC 27804
Subject: NOTICE OF VIOLATION
NOV-2008-WQ-0089
35-52.980 N, 77-54.619 W
DWQ #06-0229
Waterstone Subdivision
• 401 Water Quality Certification and Authorization
Certificate per the Tar-Pamlico River Buffer Protection
Rules Condition Violation
Nash County
Dear Sir:
On September 10, 2008, Martin Richmond from the Raleigh Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection for a tract of land located at the end of Isabella
Road in the Waterstone Subdivision on the Tar River Reservoir in Nash County, North Carolina.
The property is in the Sapony Creek Watershed, Class WS-IV NSW waters, in the Tar-Pamlico
River Basin.
Accordingly, the following observations were noted during the DWQ file review:
Stocks Engineering, PA submitted a Pre-Construction Notification (PCN) to the DWQ on behalf
of the Villas @ Windchase, LLC. The impacts were requested under U.S. Army Corps of
Engineers Nationwide Permits 12 and 14 and the corresponding General Water Quality
Certifications. On April 4, 2006, the DWQ issued an approval that authorized 0.29 acres of
wetland, 96 linear feet of stream, and 4,800 ft2 of protected riparian buffer impacts associated
with the road crossings.
During the site visit and file review, Mr. Richmond made the following observations:
• A dock had been constructed in the Tar River Reservoir without prior DWQ
authorization;
• Clearing of vegetation along approximately 125 LF of shoreline had impacted NorthCarolina
approximately 6,250 square feet of Tar-Pamlico Riparian Buffer; Naturally
• Crush and run had impacted the buffer along approximately 25 LF of shoreline.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state. nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
Waterstone Subdivision
Nash County
As a result of the site inspection, the following violations, detailed below, were noted:
(1) 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules Condition Violation
Item I. 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules Condition Violation
The 401 Water Quality Certification DWQ Project #02-0468 approval letter specifies that the
activities must follow the conditions listed in the General Water Quality Certifications, as well as
additional conditions listed in the letter. The DWQ approval letter specifies that, 0.29 acres of
wetland, 96 linear feet of stream, and 4,800 ftZ of protected riparian buffer can be impacted as a
result of two road crossings. These impacts did not include impacts to open water and its
associated riparian buffer.
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are also
encouraged to secure a consultant to assist you with the development and submittal of the
following:
1. Documentation depicting all jurisdictional features (e.g. surface waters and buffers). A
description and quantification of the impacts to those jurisdictional features and your
plans to avoid further open water and buffer impacts on the site.
2. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
Please explain if and how you plan on removing the dock. If you wish for the dock to
remain in place, you must apply for an after-the-fact modification of your 401 Water
Quality Certification and Tar-Pamlico Buffer Authorization. Even though the
unauthorized impacts are already in place, you will have to show how you have avoided
and minimized impacts to the buffer and surface water. All of the impacts that are
currently in place may or may not be authorized by DWQ.
4. 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 a 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.net/news/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.
Include a detailed implementation schedule with dates explaining when the surface
water and buffer restoration will be accomplished. This schedule should include a
three-year monitoring plan to ensure that buffer is restored. It is important that
you adhere to this new plan once approved by DWQ and if you make any
modifications to it, that DWQ approve them.
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Waterstone Subdivision
Nash County
Finally, please explain how you propose to prevent these problems from reoccurring on
future projects.
Submit Requested Items To:
Martin Richmond
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. 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 Martin Richmond at [phone].
Since ely,
Danny Smi
Regional Supervisor
Surface Water Protection Section
cc: NPS Assistance and Compliance Oversight Unit
Cyndi Karoli - 401 Oversight and Express Permits Unit
RRO - Water Quality Files