NOV-2008-PC-0801 Ver 1_Notice of Violation_20081120

OF W ATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Chuck Wakild, P.E., Deputy Director
November 20, 2008
CERTIFIED MAIL #7008 1300 0001 0434 8331
RETURN RECEIPT REQUESTED
Jonathan Kassnove
1441 Boyd Galloway Road
Grimesland, NC 27837
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0801
Jonathan Kassnove
Captain's Walk, Lot #9
Failure to Maintain Diffuse Flow
Permit Condition Violation
Beaufort County
Dear Mr. Kassnove:
On July 14, 2008, you were issued a buffer authorization certificate (project #2008-1035)
to permanently impact approximately 432 ft2 of Zone 1 of the Tar-Pamlico Riparian
Buffer, as well as to temporarily impact 2808 ft of Zone 1 and 2160 ft2 of Zone 2 of the
protected riparian buffers for the purpose of constructing a shoreline stabilization project
at the subject property. The site is located On Captain's Walk Lane, on the east shore of
Blount's Bay. On November 19, 2008, the Division of Water Quality (DWQ) received
information from the Division of Coastal Management (DCM) indicating that the project
was not in compliance with the conditions of the authorization certificate issued by the
DWQ.
The property involving this project is adjacent to Blount's Bay, which is subject to the
Tar-Pamlico Riparian Buffer Rules, The site inspection revealed that diffuse flow does
not exist across the riparian buffer, and that the project is currently not in compliance
with the conditions regarding maintenance of sediment control practices, as listed in the
authorization certificate. As a result of the lack of adequate ground cover, several deep
erosion gullies have developed in the riparian buffer, resulting in non-diffuse flow. Also,
failure to maintain and clean out the sediment control fencing devices is resulting in loss
of sediment off-site.
As a result of the site inspection and file review, the following violations, detailed below,
are noted:
(1) Failure to Maintain Diffuse Flow
(2) Permit Condition Violation - Maintenance of Sediment Control Practices
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCuohna
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Jonathan Kassnove
Beaufort County
Item I. Failure to Maintain Diffuse Flow
The observed presence of erosion gullies in Zone 1 represents a violation of Title 15A
North Carolina Administrative Code 02B .0259 (5) of the Tar-Pamlico River Riparian
Buffer Rules, which requires that diffuse flow of runoff shall be maintained in the
riparian buffer by dispersing concentrated flow and reestablishing vegetation
Item II. Permit Condition Violation - Maintenance of Sediment Control Practices
The observed presence of sediment waterward of the erosion control fencing represents
violations of condition 7a of the authorization certificate issued to you by the Division of
Water Quality on July 14, 2008, which requires that "Erosion and sediment control
measures for the project must be designed, installed, operated, and maintained in
accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
Requested Response
Please submit a Restoration Plan to this office for review and approval, detailing the
timeline and circumstances of how the site came into non-compliance, and how you
propose to re-establish diffuse flow through the buffer to bring the project into
compliance. You are encouraged to secure a consultant to assist you with your plan
development to achieve compliance. This Office requests that you respond to this letter
in writing within 10 calendar days of receipt of this Notice.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, 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 either Chris Pullinger or myself at [phone].
incerely,
ZAA o ?-
Regional Supervisor
Surface Water Protection Section
cc: John Hennessey - NPS Assistance and Compliance Oversight Unit
WaRO file copy
DCM, WaRO - Kim Hedrick
Amy Chapman - 401 Oversight and Express Permits Unit
Heather Jacob, Tar-Pamlico Riverkeeper - PTRF