20160899 Ver 2_Notice of Violation (NOV)_20180806

Water Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
August 6, 2018
CERTIFIED MAII", # 7017 2680 "0000 2235 9493
RETURN RECEIPT REQUESTED
City of Henderson
Attn:'Franklin Frazier
134 Rose Avenue
Henderson, NC 21536,
Dear Mr. Frazier
Subject: Notice of Violation
NOV-2018-PC-0250
Tar -Pamlico Riparian Buffer Violation
Address of Violation Sites:, Newton Dairy RoadBobbit & Birch Street
Vance County
On April 10, 2018, Stephanie Goss from the Raleigh Regional Office (RRO) of the Division of Water
Resources (DWR) and Andrew Williams from the U.S. Army Corp. of Engineers conducted a compliance
inspection at the above referenced site. The streams onsite are unnamed tributaries to Sandy Creek which
is�classified as Class C, Nutrient Sensitive Waters (NSW) in the Tar -Pamlico River Basin.
The following observations were noted during the site inspection:
DWR staff observed the unauthorized removal of trees in Zone 1 and Zone 2 at three riparian
buffered stream crossings. The impacts are as follows:
Crossing 1: Zone 1 = 1618 square feet, Zone 2 —1241 square feet
Crossing 2: Zone 1 = 2119 square feet, Zone 2 — 1474 square feet
Crossing 3: Zone 1 = 3630 square feet, Zone 2 — 2365 square feet
Totals: Zone 1 = 7367 square feet, Zone 2 = 5080 square feet
® DWR staff observed approximately 35 linear feet of rip rap in the streambed and in Zone 1 of the
riparian buffer at Crossing #1 (see Photograph 1).
Accordingly, the following violations were noted during the inspection and file review:
Item L' Basin Riparian Buffer — Vegetation
Title,15A North Carolina Administrative Code 02B .0259 (4) of the. Tar -Pamlico River Riparian Buffer
Rules requires that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for
those,uses'provided for "in Item (6) of this Rule.
' Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdeiir.orgiweb/wq/aps
1628 Mail'Service Center, Raleigh, NC 27699-162$ Phgne: {919} 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Item II. Stream Standards -Removal of Use
Title 15A North Carolina Administrative Code 02B .0211 (2) requires that "The waters shall be suitable
for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-
term basis shall be considered to be violating a water quality standard.
Item III. Failure to Secure a 401 Certification
Title 15A North Carolina Administrative Code 2H .0501 requires certifications pursuant to Section 401 of
the Clean Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC 2H .0502 states
any person desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North
Carolina Division of Water Resources.
• Per our discussion, you confirmed that a Pre -Construction Notification has been received by the
Division of Water Resources for this project (Project #20160899 Version 2). A 401 Water
Quality Certification has not been issued for Version 2 due to the unauthorized impacts as
detailed above. Once a restoration plan has been submitted and approved by DWR, the 401
Water Quality Certification can be issued.
Requested Response:
You are requested to address the below items in writing within 30 days of receipt of this letter.
Please submit a Restoration Plan to this office for review and approval. This plan must address the
following locations/areas: The riparian buffer removal at Crossings 1-3 and rip rap at Crossing 1.
Remediation plan should address the following:
Riparian Buffer Violations Please submit a Riparian Buffer 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 per acre at maturity. This density is usually
achieved by planting approximately 436 trees per acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an
8 ft. x 8 ft. grid. 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.
2. Removal of Fill All debris (rip rap) placed in Crossing # 1 must be removed and stabilized with
wetland seed mix. The rip rap in the stream, as detailed above, must be removed in order to ensure
compliance with the Wetlands Standard Rule Title 15A North Carolina Administrative Code 02B
.0231 (b).
3. Erosion control Please address the control measures that will be used for temporary
stabilization/sediment control while this work is under way. Please provide a schedule with dates by
which this work will be completed. As a part of your restoration plan, it is required that you include a
permanent stabilization plan for the disturbed areas.
4. Plan and Schedule. Please provide a detailed schedule with dates explaining when the restoration
will be accomplished. This schedule should include a one-year monitoring plan to ensure that the
riparian buffers are restored.
21 P age

Please submit required materials to:
Stephanie Goss
Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699
This office requires that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and violations of North Carolina Administrative Codes have been documented for
the subject site as stated above. Your efforts to undertake activities to bring the subject site back into
compliance is not an admission, rather it is an action that must be taken in order to begin to resolve
ongoing environmental issues.
These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. This office will review your response to this letter as a part of
any enforcement recommendation. Should you have any questions regarding these matters, please
contact Stephanie Goss at Stephanie.gossri%ncdenr. ov or [phone].
Sincerely,
Danny Smith
Water Quality Regional Operations
Raleigh Regional Office
cc: DWQ RRO file copy
Andrew Williams via e-mail at Andrew.E.Willianisrc%usaee.aniiv.mil
John Vilas via e-mail at john.vilas;i.iiic6llengineers.com
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Photograph 1: Rip rap in stream and Zone 1 of Riparian Buffer at Crossing #I
4 1 P a g e