SR 1571

May 5, 2000
CERTIFIED MAIL
RETURN RECEIPT QEOZUESTED
Frank Howard
22 Seven Oaks Drive
Clayton, N. C. 27520
Dear Mr. Howard:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
Subject Notice Of Violation
Neuse Diver Basin Riparian Buffer Rules
NBQQO 00096
S R 1571
Johnston County
This letter is being sent to you due to the violations that have occurred at the subject site relevant to a
Neuse Buffer Rules. This project is referenced by the Raleigh Regional Office as NBQQO 00-096. St.e%
Mitchell responded to a Citizen's Complaint regardigg the removal of the vegetation along the creek at tt
back of the property located on Cooper Branch on May 2, 2000. The removal of the trees and under afro
along the creek is a violation of The Neuse River Basin: Nutrient Sensitive Waters Management Strafe€
Protection and Maintenance of Existing Qiparian Areas, Administrative Code T15A:02B.0233 (NCAC 023=
It has been determined that the riparian buffer along the west side and part of the east side of Coop(
Branch has been removed. Although the Rule allows the removal of understory nuisance vegetation, tt
removal of trees is allowed only under forestry operations or in other specific instances.
The impacts to the riparian vegetation referenced above are violations of the Neuse River Basin Qiparit
Buffer Qule 15A-02B.0233 (NCAC .0233) which states: "existing riparian areas shall be protected ar
maintained on all sides of surface waters in the Neuse Diver Basin (intermittent streams, perennial Atrean
lakes, and estuaries). Maintenance of the riparian areas should be such that, to the maximum extent possibl
sheet flow of surface water is achieved - Any activity that would result in water quality standard violations I
that disrupt the structural or functional integrity of the riparian area is prohibited."
The removal of the riparian buffer constitutes violations of this We promulgated under .0233(3) which state
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 f
in Item (6) ...The location of Zone I shall be as follows:
...Zone 1 begins at the most landward limit of the top of bank or the rooted herbaceo
vegetation and extends landward a distance of 30 feet on all sides of the surface wat(
measured horizontally on a line perpendicular to the surface water. 1.
1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699 -1628
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED /10% POST - CONSUMER PAPER

Page Two
Howard NOV
(b) "Zone 2 shall consist of a stable, vegetated area that is undisturbed except for aetivitie
and uses provided for in Item (6) of this Paragraph. Grading and reve8etatin8 Zone 2 is allowe
provided that the health of the vegetation in Zone 1 is not compromised Zone 2 shall begin at tf
outer ed8e of Zone 1 and extend8 landward 20 feet as measured horizontally on a line
perpendicular to the surface water. The combined minimum width of Zones 1 and 2 shall be 50 feA
on all sides of the surface water.
You are required to respond to this Notice within 20 days of its receipt Your response should be direct
to me at 1628 Mail Service Center, Raleigh, N.C., 27699. Please indicate the dates of operation on this tm,
of land please address how the removal of the riparian vegetation occurred and your plans to restore
Your proposed repair to the riparian area should include species to be replanted and a schedule wi
dates indicatin8 when activities will be accomplished. This requires the use of at least two species of natir
trees at a five year survival rate of 320 trees per acre. Three to five 8allons size pots placed at irregut
intervals throughout the area that has been disturbed will meet the requirements.
Thank you for your attention to this matter. Please, thoroughly address the above mentioned issues in yo
response and provide any additional information that you wish to provide. If you have any questioi
re8ardin8 this Notice or need additional information please contact Mr. Steve Mitchell at (919) 571470C
Sincerely,
Kenneth Schuster /P.
Regional Water Quality Supervisor
CC: Central/RRO Files
Enforcement Croup
John Dorney
nbrlet/for /00buf /nov.096