The URL can be used to link to this page

Home My WebLink About8928 Polbida Drive NOV-2021-BV-0001ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 1, 2021 CERTIFIED MAIL # 70172680000022195299 RETURN RECEIPT REQUESTED Jeremy A. Wilson 7709 Stony Hill Road Wake Forest, NC 27587-7510 Subject: NOTICE OF VIOLATION/ INTENT TO ENFORCE NOV-2021-BV-0001 Neuse River Riparian Buffer Violations Failure to Secure a Riparian Buffer Authorization Site Address: 8928 Polbida Drive, Wake Forest Wake County Pin: 1823413048 Granville County Pin: 182300413515 To Whom It May Concern, On January 20, 2021, Cheng Zhang from the Raleigh Regional Office (RRO) of the Division of Water Resources (DWR), conducted a site visit the above referenced site. This site is located at 8928 Polbida Drive in Wake Forest, Wake County and Granville County, North Carolina. The stream impacted is an un- named tributary to New Light Creek which is classified as WS-IV&B NSW CA in the Neuse River Basin. Accordingly, the following observations and violations were noted during the DWR inspection: The subject Stream A is depicted on the Soil Survey of Wake County and Granville County and USGS Topographic Map, and was determined on January 20, 2021 to be subject to the Neuse River Riparian Buffer rules; although the pond is not depicted on soil survey or Topographic Map, it is part of Stream A, therefore, subject to the Neuse River Riparian Buffer rules. DWR staff observed that at the time of the site visit, about 600 linear feet of riparian buffer were cleared and graded, tree stumps and limbs were placed in riparian buffer, see Photographs. For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular to the surface water. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. Accordingly, the following violation was noted during the DWR site visit: Neuse River Basin Riparian Buffer — Vegetation Title 15A North Carolina Administrative Code 02B .0714 (8) of the Neuse 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 (9) and (11) of this Rule. You are requested to immediately address the below items in writing within 30 days of receipt of this North Carolina Department of Environmental Quality I Division of Water Resources _ D EQ Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NpHTH GAHOLINA a� /'� 919.791.4200 letter. You are encouraged secured a consultant to assist you with your plan development necessary to achieve compliance. Please submit a Response and Restoration Plan to this office for review and approval. 1. Please explain when clearing, grubbing, and grading began at the site. 2. Riparian Buffer Violations a. Please submit a Restoration Plan (planting native trees at sufficient density in cleared Zone 1 area, and providing permanent vegetation cover in cleared Zone 2 area) to this office for review and approval. This restoration plan must be in compliance with 15A NCAC 02B .0295 (n)(2) and include that at least four native tree species (or trees and shrubs) are planted at a density sufficient to provide at least 260 stems/ acre at maturity. This density is usually achieved by planting on a 10 ft. x 10 ft. or 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. A one-year monitoring plan should be included as part of the response. b. Tree stumps and limbs placed in riparian buffer must be removed. 3. Schedule Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished. Please submit required materials to: Cheng Zhang Division of Water Resources 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. Should you have any questions regarding these matters, please contact Cheng Zhang at (919) 791-4200. Sincerely, DocuSigned by: Sit O BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources Attachment 1: Maps and Photographic Documentation cc: DWR RRO file copy 8928 Polbida Drive Wake County, NC-DWR Project # 20-390 C.� J NRCS Soil Survey Sheet 7 Wake Co., NC 1970 Legend: -project boundary 0 'snag �o- Locations are approximate and are ,g- provided for reference l ony :: M �,� uV 8928 Polbida Drive Wake County, NC-DWR Project # 20-390 USGS Topographical Map �}xy� Grissom Quadrangle 2019 ,�, Locations Ere apprmtimate and are provided for refer - Legend: = ence onlY LJ L� -Project boundary Photographic Documentation (Clearing and grading of riparian buffer of Stream A and Pond)