20061592 Ver 1_Notice of Violation_20061221

~O'F W H 7 ~9Q ~ Michael F. Easley, tiovemor
`(~ ~i William G. Ross Jr., Secretary
~ ice-- North Carolina Department of Environment and Natural Resources
~ _~
p •C Alan W, Klimel5, P.E. Director
Division of Water Quality
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December 21, 2006
DWQ EXP# 06-1592
Vance County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Charlie Keeter
Cameron & Associates
P.O. Box 1612
Henderson, NC 27536
Subject Property: NOTICE OF CONTINUING VIOLATION
Cameron & Associates Tract
Parcel ID: 040902002 (Tract lA)
Dear Mr. Keeter:
On November 7, 2006, a Notice of Violation (NOV) was issued from the Division of Water Quality
(DWQ) for your parcel located approximately'/s mile west of Poplar Creek Road in Vance County, North
Carolina. This office received a response letter on November 30, 2006, three days past the 20-day
deadline specified in your NOV. The response letter did not contain all of the items requested in the
NOV. Additionally, a letter was received on December 19, 2006 via facsimile requesting an appeal to a
stream on-site determination conducted on October 17, 2006. The determination letter expressly stated,
"You must act within 60 days of the date that you receive this letter." Sixty days from October 17, 2006
was December I6, 2006.
The Division of Water Quality has determined the following:
1) A stream determination appeal will be granted (the stream determination appeal does not halt
the NOV process since the majority of the violation is along the uncontested perennial stream)
2) A 15-day extension will be granted from this date (due January 5, 2006} for the NOV response
items originally requested.
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receiving this Notice.
Your response should be sent to both this office at the letterhead address and to the attention of Mr.
Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617. Your response should address the
following items:
1. Please provide your plans to delineate and avoid any further buffer impacts on the site. This
delineation should include the generation of a detailed site plan/survey that shows the stream
channel, Zones 1 and 2 of the riparian buffer, and the stream portions that have been f Iled.
2. Please provide a plan to remove the fi11(approximately 301inear feet) from the unauthorized
stream crossing that was used for heavy equipment passage (see Photo 4). This plan should
involve the least invasive clearing method possible, ensuring that heavy equipment do not have
access to the streambed. The plan should include a bank stabilization procedure following the fill
removal.
NQ;tttCarol~'na
401 Oversight /Express Review Permitting Unit llll[Cll"~
1650 Mait Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.us/ncwetl~nds
An Equal Opportunity/Affirmative Action Employer:- 50% Recycled/10% Post Consumer Paper

Cameron & Associates
Page 2 of 2
December 21, 2006
3. Please provide a plan to stabilize and replant the intermittent stream crossing location. ,
4. For the Tar-Pamlico Buffer Impacts, please submit the following Restoration )flans to this office
for review and approval.
a.) Riparian Buffers - A planting plan must be developed and implemented in order to
ensure that at least three 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/acre on a 10 x 10 ft. grid or 681 trees/acre on an 8 x 8 ft. grid.
Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance
in developing your plan (available on the web site 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. Also, the plan must address the measures that will
be used for temporary stabilization/sediment control while this work is under way.
In addition, DWQ requests that at least 20% of the trees planted be balled and burlapped,
1.5 - 2.0-inch caliper nursery stock, to provide variation in the size of the trees in the
restoration area.
b.) Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished. As a part of this schedule you should detail/include a
three-year monitoring plan.
In addition, please provide written details regarding the protection of the riparian buffers (both
Zones 1 and 2) through capture of all buffers with deed restrictions specifying protection of the
buffers and/or placement of a conservation easement on the buffers.
If the requested response is not received, this Office will make a recommendation for enforcement to the
Director of the Division of Water Quality regarding these issues and any future/continued violations that
may be encountered. Your above-mentioned response to this correspondence will be considered in this
process. This Office requires that the violations, as detailed above, be abated immediately. These
violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for
each violation. Should you have any questions regarding these matters, please contact Lia Myott at
919.733.9502.
Sincerely,
I /~G~~~
Cyndi B. Karoly, Manager
NCDWQ 401 Oversight/Express Review Permitting
CBK/lem
cc: Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
Ken Krulik -Vance County Planner, 156 Church St, Suite 003, Henderson, NC 27536
Thomas Brown, USACE Raleigh Field Office
Eric Kulz, DWQ Raleigh Regional Office RRO
RRO -Division of Land Resources
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