19990533 Ver 1_COMPLETE FILE_19960903

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr.,
Wayne McDevitt, Secretary
A. Preston Howard, Jr.,
MAIL
RETURN RECEIPT REQUESTED
FILE COPY +
Mr. Mack Stephenson
84 Inlet Pond Blvd.
Ponce Inlet, Fl. 32127
Dear Mr. Stephenson:
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Governor
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NORTH CAROLINA DEPARTME
P.E., Director ENVIRONMENT AND NATURAL RESOURCES
May 14, 1998
SUBJECT: NOTICE OF VIOLATION
Neuse Buffer Rules
Unauthorized Wetland Fill
Milton Pond Subdivision
Johnston County
On April 6, 1998 Mr. Eric Fleek from the North Carolina Division of Water Quality (NCDWQ)
and Mrs. Jean Manuele from the U.S. Army Corps of Engineers (USACOE) visited the aforementioned site
to investigate potential violations of the Neuse River Basin Buffer Rules and The Clean Water Act. As a
result of this inspection it was determined by NCDWQ that you had violated the Neuse River Basin Buffer
Rules. In addition, USACOE determined that you had placed fill material into wetlands without the required
prior authorization from USACOE. This is a violation of Section 301 of the Clean Water Act.
Subsequent to the above inspection, Mr. Fleek and Mrs. Manuele met with your surveyor Mr.
Bobby R. Lee as well as your engineer Mr. Lary Massengill on May 8, 1998 to discuss the nature of the
violations and ways to restore the site. Based on the available information, Mr. Lee noted that you were
willing to undertake the necessary restoration of the site to achieve compliance with the Neuse River Basin
Buffer Rules and The Clean Water Act. To this end, you will be required to replant the vegetated buffer
along both streams, on both sides of these two streams (to a width of 50' as measured from the top of the
bank), and the replanting should be done to the following specifications:
1) 400 trees per acre.
2) An approximately even mixture of native tree species (i.e., do not plant just one or two
species; See #6 below).
3) A required 80% survivorship after 5 years; any trees dead > 80% after the 5 year period must
be replanted. It is strongly advisable to plant significantly more than 400 stems per acre so that
your chances of meeting the 80% survivorship after 5 years are increased.
4) Trees should be planted no closer than 10 feet to each other.
5) Trees should be planted from 1, 2, or 5 gallon sized pots.
6) Tree species to be planted should include an approximately even mixture of Willow Oak
(Quercus phellos), Red Maple (Acer rubrum), Yellow Poplar (Lirodendron tulipfera), Green
Ash (Fraxinus pennsylvanica), Sycamore (Platanus occidentalis), and Sweet Gum
(Liquidambar styraciflua).
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

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Mack Stephenson
Notice of Violation
Milton Pond Subdivision
Page 2
The unauthorized wetland impacts at this site have not been precisely calculated by USACOE at
the time of this writing. A future site visit by USACOE and your surveyor will be conducted to determine
the final extent of wetland impacts at this site. Once these unauthorized impacts have been documented
(including any restoration of these wetlands areas), a 401 Water Quality Certification may need to be
obtained from NCDWQ.
Please respond to this Notice of Violation within 14 days of your receipt. You may elect to have
Mr. Lee respond to this Notice instead since he has more experience with the specifics of the site. The
response should include when the buffer restoration will begin and when the wetland impacts and
restoration work will commence. If you should have any questions regarding this matter please feel free to
call Mr. Eric Fleek at [phone].
Sincerely,
qerWa R. Dorney
Quality Certificat Program
Cc: Danny Smith, NCDWQ Raleigh Regional Office
Jean Manuele, USACOE Raleigh Field Office
Kathy Matthews, USEPA
Bobby R. Lee
Larry Massengill