Hillsborough Street

PIMA
WKXNR
JAMES B. HUNT JR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
July 17, 1999
Steve Rice
Rice & Associates
106 New Edition Court
Cary, N. C. 27511
Subject:
Dear Mr. Rice:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
Neuse River Basin Riparian Buffer Rules
NBRRO 99 -159
41 Acre Tract/Hillsborough Street
Wake County
On July 6, 1999, I met with you at the subject property to conduct a site visit for the above
referenced project. This project is referenced by the Raleigh Regional Office as NBRRO 99 -159.
The features represented on the Wake County Soils and the USGS maps were evaluated to determine
their subjectivity to the Neuse Buffer Rule.
As a result, it was determined that there are two features present on the property that are subject to
protection under the Neuse River Basin - Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T 15A:02B.0233 (NCAC 0233).
These tow features are delineated on the map received by this Office on July 7, 1999.
This letter only addresses the applicability of the Neuse Buffer Rules. Thank you for your attention
to this matter and if this Office can be of any assistance or if you have additional questions, please
do not hesitate to contact us.
Sincerely,
Steve Mitchell
Environmental Scientist
cc: RRO /John Dorney
Land Quality
H:lnbrlet.for\neuse.buf\41 acre. 159
3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED /10% POST - CONSUMER PAPER

JUN -22 -1999 14 =55 RICE & ASSOCIATES P.02

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JUL -07 -1999 10:10 RICE & ASSOCIATES
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JUL -07 -1999 10:11
RICE & ASSOCIATES
RICE &
ASSOCIATES
PROJECT MEMORANDUM
TO: Steve Mitchell
FROM' Steve Rice
SUBJ
41 Acre Tract, Hillsborough Street, Raleigh, NC
DATE: July 6, 1999
meeting this morning at the site I am forwarding you two full size prints and one
,ate per ou r 9
River reduction
showing the drainage features located on the site It and No.l2} will be located
River Basin Stream Regulations. The limits of these stye
by our surveyors and incorporated into our development plan for the proles. -t•
t the limits of Neuse River Basin Streams No. 1 and
Please provide written confirmation tha
No. 2 are as delineated on the enclosed map.
Thank ou for taking time out of your busy schedule to meet with me today at the site_
Y
Cc: Mr_
Ronnie C. Davis
Mr.
John M. Allen
Mr.
David P. Guy
Mr.
M. Gray Styers, Jr.
Mr.
Paul Miller
Mr.
Dave Stockman
Mr_
Stefan Davis
116 New Edition Court • Cary, Worth Carolina 27511 • voice 919.462.8474 • Fax [phone] • Email, riceassociaies@telix -com

JUL-07-1999 10:11 RICE & ASSOCIATES P.073
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PROJECT MEMORANDUM
TO:
Steve Mitchell
FROM:
Steve Rice
SUBJ:
41 Acre Tract, Hillsborough Street, Raleigh, NC
DATE:
July 6, 1999
As per our meeting this morning at the site I am forwarding you two full size prints and one
reduction showing the drainage features located on the site that are subject to the Neuse
River Basin Stream Regulations. The limits of these streams (No. 1 and No. 2) will be located
by our surveyors and incorporated into our development plan for the project.
Please provide written confirmation that the limits of Neuse River Basin Streams No. 1 and
No. 2 are as delineated on the enclosed map.
Thank you for taking time out of your busy schedule to meet with me today at the site.
Cc: Mr. Ronnie C. Davis
Mr. John M. Allen
Mr. David P. Guy
Mr. M. Gray Styers, Jr.
Mr. Paul Miller
Mr. Dave Stockman
Mr. Stefan Davis
116 New Edition Court • Cary, North Carolina 27511 • Voice 919. Fax [phone] • Email: riceossociotes @telix.com

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State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
'W'A
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
August 1, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Brian Harrington
Barnhill Construction
4425 Pleasant Valley Road
Raleigh, N.C. 27612
Subject: Notice Of Violation
NBRRO 01 -188
Wolf Creek Apartments
Hillsborough Street, Raleigh
Wake County
Dear Mr. Harrington:
On Friday July 20, 2001 staff from the Raleigh Regional Office responded to a citizen's complaint
regarding the illegal discharge of wastewater this property. As a result of the first site visit, a second
site inspection was conducted on July 31. This site is referenced as NBRRO 01 -188 and it has been
determined that it is in violation of The Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 0233) {Neuse Buffer Rules }.
The site visit determined that varying widths of the buffer along an unnamed tributary to Walnut
Creek, a tributary to the Neuse River, had been removed along approximately 1,000 feet of the
stream. The Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the
State shall be protected. Therefore, the impacts to the riparian area and the stream referenced above
is a violation of those Rules which state the following:
.0233- Existing riparian areas shall be protected and maintained in accordance with Sub -Items
(3) of this Rule on all sides of surface waters in the Neuse River Basin (intermittent streams,
perennial streams, lakes, and estuaries). Riparian buffers adjacent to surface waters that
appear on the most recent versions of United States Geological Survey (USGS) 1:24000 scale
1628 Mail Service Center, Raleigh, NC 27699 -1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled /10% post - consumer pape

Page Two
Barnhill NOV
Wolf Creek Apts
(7.5 minute quadrangle topographic maps or the soil survey map prepared by the Natural
Resource Conservation Service shall be subject to this Rule.
The removal or destruction of the riparian buffer along the unnamed tributary constitutes a violation
of this Rule promulgated under .0233(4) which states the riparian buffer must be protected in two
zones.
(a) "Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided
for in Item (6) of this Rule. Zone 1 shall begin at the most landward limit of the top of bank
or the rooted herbaceous vegetation and extends landward a distance of 30 feet on all sides
of the surface water, measured horizontally on a line perpendicular to the surface water."
(b) "Zone 2 shall consist of a stable, vegetated area that is undisturbed except for
activities and uses provided for in Item (6) of this Rule. Grading and revegetating is allowed
provided that the health of the vegetation in Zone I is not compromised. 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. The combined width of Zones I and 2 shall be 50 feet
on all sides of the surface water."
The leaf litter from the forest floor had been removed by concentrated flow in several areas within
the buffer and an erosion rill was forming in one location where the stormwater runoff was cutting
a channel into the stream feature. This constitutes a violation of this Rule under Section (5) which
states:
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated
flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted
to diffuse flow before the runoff enters Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede
the formation of erosion gullies.
Section (6) Table of Uses states that grading and revegetating is allowed in Zone 2 only provided
that diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed
areas are stabilized is an allowable activity if permitted by the Division of Water Quality.
A State issued 401 Water Quality Certification is required before any impacts are allowed to occur
within the 50 foot riparian buffer. No unpermitted land disturbing activities are allowed in Zone 1
and no approval has been located for these activities. Therefore, the removal of the buffer vegetation
is unpermitted and in violation of North Carolina General Statutes.

Page Three
Barnhill NOV
Wolf Creek Apts
You are requested to respond to this Notice Of Violation within 10 days of its receipt. Your
response should be directed to me at 1628 Mail Service Center, Raleigh, North Carolina, 27699-
1628. Please provide any and all information relevant to the activities that have occurred, an
alternative analysis that details the necessity of the removal of the buffer, an estimate of the square
footage of the buffer Zones that was removed, the dates of operation on this site, and any plans for
restoration of the riparian buffer that you may have. Thank you for your attention to this matter.
Please thoroughly address the above mentioned issues in your response and provide any additional
information that you wish to provide. If you have any questions, please contact Mr. Steve Mitchell
or myself at the Raleigh Regional Office, telephone number (919)571 -4700.
Sincerely,
Kenneth Schuster, P.E.
Water Quality Regional Supervisor
cc: RRO /CO Enforcement
John Dorney
nbrlet. for /nbrbuf.01 /barnhill.188

Wolf Creek Apartments- Hillsborough Rd
Subject: Wolf Creek Apartments- Hillsborough Rd
Date: Thu, 26 Jul 2001 11:35:35 -0400
From: 'Brian Casey" <caseyb @raleigh - nc.org>
To: <Steve.Mitchell @ncmail.net>
Did your staff find any problems with the erosion and /or buffer rules at
this site? Thank you.
Brian Casey
Code Enforcement Inspector
City of Raleigh Public Utilities
919 - 890 -3400
919 - 890 -3600 (fax)
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