20010525 Ver 1_COMPLETE FILE_20010403

? W ATF Michael F. Easley, Governor
O 9 William G. Ross Jr., Secretary
?O? OG North Carolina Department of Environment and Natural Resources
D. Gregory J. Thorpe, Ph.D.
Acting Director
0 Division of Water Quality
February 21, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Warren W. and Mrs. Susan B. Gulko
5206 Ringo Drive
Apartment #1
Wilmington, NC 28405
Re: Pamlico County
DW Q 010525
Dear Mr. Gulko:
On April 3, 2001 the Division of Water Q I' wr to to y ?u concerning a notice of violation of wetlands and/or
linear feet of streams regarding the proposed vopm nt in P mlico County. This letter informed you that the project
was incomplete and was being placed on hold u II the additi al information outlined in the letter was supplied. To date,
we have not received this additional informatio . Unless hear from you in writing within 3 weeks of the receipt of this
letter, we will consider that you no longer want to p rsu this project and we will retire the file and consider the application
as withdrawn. Please be aware that reapplication for this project will require a Certification fee and new applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
Sincerely yours,
John Dorney
Wetlands/401 Unit Supervisor
Cc: File copy
Central files
Washington DWQ Regional Office
Washington Regulatory Field Office US Army Corps of Engineers
?v9

N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
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Customer Service
1 800 623-7748
?OF W ATF9Q Michael F. Easley
Governor
90
7 `
r- William G. Ross Jr., Secretary
-i Department of Environment and Natural Resources
o ?
Kerr T. Stevens, Director
Division of Water Quality
April 3, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Warren W. and Mrs.Susan B. Gulko
5206 Ringo Drive
Apartment # 1
Wilmington, North Carolina 28405
Subject: Notice of Violation
Notice of Intent to Enforce
Neuse River Basin Riparian Buffer Rules
Pamlico County
Dear Mr. and Mrs. Gulko:
On 15 March 2001, staff from this office investigated a reported violation of North Carolina
Administrative Code 02B .0233: Neuse River Basin: Nutrient Sensitive Waters Management
Strategy: Protection and Maintenance of Existing Riparian Buffers. The violation was
determined on your lot which is adjacent to Tar Creek in the Neuse River Basin.
It has been determined by the Division of Water Quality staff that the vegetation in Zone 1 of the
riparian buffer has been removed and ground disturbance has occurred. This buffer area is the
area located from the CAMA marsh line to an area 30 feet landward of the CAMA marsh line.
CAMA marsh has been delineated by the Division of Coastal Management on three (3) sides of
your property; front adjacent to Tar Creek and both sides at the property lines.
This office requires that you submit a plan within 30 days of receipt of this Notice of Violation /
Notice of Intent to Enforce to resolve the violations noted at this site. The plan should include the
full restoration of all lost uses not exclusive to but including; erosion control, stream bank
stabilization, filtration, and nutrient uptake. The restoration plan must include the following:
• A map of the proposed restoration site.
• A vegetation plan. The vegetation plan shall include a minimum of at least two (2) native
hardwood species, two (2) to three (3) gallon size specimens, planted at a density
sufficient to provide 320 trees per acre at maturity.
• A grading plan (if necessary). The site shall be graded (if necessary), landward of the
buffer Zone 1, in a manner to ensure diffuse flow through the riparian buffer.
• A fertilizer plan (1-time fertilization allowed).
• A schedule for implementation
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Upon completion of the restoration of the buffer, the following must be received by this office:
Within one year after the Division has approved the restoration plan, you must present
proof to the Division that the riparian buffer has been restored. If proof is not presented
within this timeframe, it shall be in violation of the riparian buffer protection program.
Annual reports must be submitted for a period of five years after the restoration showing
that the trees planted have survived and that diffuse flow through the riparian buffer has
been maintained. You shall be responsible for replacing trees that do not survive and for
restoring diffuse flow if needed during that five-year period.
The Washington Regional Office of the Division of Water Quality will determine if an
enforcement action is to be recommended based on your response to this office. If you have an
explanation for this violation that you wish to present to this Division, please respond in writing
to the Washington Regional Office within ten (10) days of receipt of this Notice. Your
explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any questions or comments, please call this office at [phone].
Sincerely,
Jim Mulligan, Water Quality Supervisor
cc: Bob Zarzecki; Buffers, Wetland/401 Unit
Danny Smith; Compliance and Enforcement, Wetlands/401 Unit
Scott Jones, Division of Coastal Management, Morehead City Field Office
WaRO Files
Central Files, Water Quality
oW A T?9p?
> W GO;
D `C

Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
April 3, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Warren W. and Mrs.Susan B. Gulko
5206 Ringo Drive
Apartment # 1
Wilmington, North Carolina 28405
Subject:
Dear Mr. and Mrs. Gulko:
Notice of Violation

Notice of Intent to Enforce
Neuse River Basin Riparian Buffer Rules
Pamlico County
On 15 March 2001, staff from this office investigated a reported violation of North Carolina
Administrative Code 02B .0233: Neuse River Basin: Nutrient Sensitive Waters Management
Strategy: Protection and Maintenance of Existing Riparian Buffers. The violation was
determined on your lot which is adjacent to Tar Creek in the Neuse River Basin.
It has been determined by the Division of Water Quality staff that the vegetation in Zone 1 of the
riparian buffer has been removed and ground disturbance has occurred. This buffer area is the
area located from the CAMA marsh line to an area 30 feet landward of the CAMA marsh line.
CAMA marsh has been delineated by the Division of Coastal Management on three (3) sides of
your property; front adjacent to Tar Creek and both sides at the property lines.
This office requires that you submit a plan within 30 days of receipt of this Notice of Violation /
Notice of Intent to Enforce to resolve the violations noted at this site. The plan should include the
full restoration of all lost uses not exclusive to but including; erosion control, stream bank
stabilization, filtration, and nutrient uptake. The restoration plan must include the following:
• A map of the proposed restoration site.
• A vegetation plan. The vegetation plan shall include a minimum of at least two (2) native
hardwood species, two (2) to three (3) gallon size specimens, planted at a density
sufficient to provide 320 trees per acre at maturity.
• A grading plan (if necessary). The site shall be graded (if necessary), landward of the
buffer Zone 1, in a manner to ensure diffuse flow through the riparian buffer.
• A fertilizer plan (1-time fertilization allowed).
• A schedule for implementation
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

Upon completion of the restoration of the buffer, the following must be received by this office:
Within one year after the Division has approved the restoration plan, you must present
proof to the Division that the riparian buffer has been restored. If proof is not presented
within this timeframe, it shall be in violation of the riparian buffer protection program.
Annual reports must be submitted for a period of five years after the restoration showing
that the trees planted have survived and that diffuse flow through the riparian buffer has
been maintained. You shall be responsible for replacing trees that do not survive and for
restoring diffuse flow if needed during that five-year period.
The Washington Regional Office of the Division of Water Quality will determine if an
enforcement action is to be recommended based on your response to this office. If you have an
explanation for this violation that you wish to present to this Division, please respond in writing
to the Washington Regional Office within ten (10) days of receipt of this Notice. Your
explanation will be forwarded to the Director with the enforcement package for his
consideration.
If you have any questions or comments, please call this office at [phone].
Sincerely,
Jim Mulligan, Water Quality Supervisor
cc: ?bmZarzecki; Buffers, Wetland/401 Unit
Dy Smith; Compliance and Enforcement, Wetlands/401 Unit
Scott Jones, Division of Coastal Management, Morehead City Field Office
WaRO Files
Central Files, Water Quality