PC09-001 Ver 1_Notice of Violation_20090105

PITT COUNTY
a? coPLANNING & DEVELOPMENT DEPARTMENT
DEVELOPMENT SERVICES BUILDING
1717 W. 5' STREET
?O GREENVILLE, NORTH CAROLINA 27834-1696 JAMES F. RHODES, AICP
C TELEPHONE: [phone] DURECTOR
FAX: [phone]
Project # PC09-001
Pitt County
Page I of 2
January 5, 2009
DVML, LLC
1025-E Director Court
Greenville, NC 27858
Subject: Violation of the Neuse River Buffer Rule
Dear Sir or Madam:
On January 5, 2009, the Pitt County Planning Department inspected your property, Blackstone,
located on Vernon White Road, for compliance with the Pitt County Riparian Buffer Protection
Ordinance. The inspection revealed the property did not comply with the ordinance.
During the site visit, the staff made observations of the respective stream and streamside/riparian
buffer impacts. Specifically, the inspection revealed that grading and impacts to the riparian zone
vegetation (within in Zone I and Zone 2) had occurred. That is, unauthorized removal of stream side
riparian vegetation along the stream segments representing approximately 175 linear feet of streamside
buffer zone impacts.
To correct the violation, you must:
1) Immediately stop all disturbances within 50 feet of the stream;
2) Re-establish vegetation sufficient to restrain erosion within the 50 foot riparian buffer;
3) Take all necessary precautions to prevent sediment from entering stream.
Riparian Buffer Rule
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The
purpose of these rules are to protect and preserve riparian buffers in the Tar River Basin. That is, these
rule help to maintain the nutrient removal functions of the streamside areas necessary to protect surface
waters. Specifically, this Rule applies to the 50-foot wide riparian buffers directly adjacent to surface
waters (intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected
riparian buffer has two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet]
shall consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of
15A NCAC 2B .023 3, and (b) Zone 2 [the outer 20 feet, landward from the outer 30 foot edge of zone I
DVML, LLC
Page 2 of 2
] shall consist of stable vegetated area that is undisturbed except for activities and uses provided for in
Subparagraphs (4) and (6) of 15A NCAC 2B .0233.
While no legal actions are being brought forth at this time, please be advised that the County
may pursue legal action against you as cited in Sec. XVIII of the Pitt County Riparian Buffer Protection
Ordinance if the site is not brought into compliance. Failure to correct the problem could result in the
issuance of a notice of violation, which could lead to civil penalties of up to twenty-five thousand dollars
($25,000) per day for each day of violation may be assessed with the possibility of the assessment
beginning on the date the violation was detected. You may also be assessed a one time civil penalty of
up to twenty-five thousand dollars ($25,000) for the day the violation was first discovered by the
County.
S' ly
Bryan Jones, Planner
CBJ
Enclosures: Riparian Buffer Brochure
cc: Cyndi Karoly, Division of Water Quality
Baldwin and Janowski
File Copy