20100147 Ver 1_Buffer Determination_20100415

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 15, 2010
City of Greenville
Attn: David T. Brown, PE
City Engineer
Department of Public Works
1500 Beatty Street
Greenville, NC 27834
Subject Property: Green Mill Run corridor between 10th St. and 14th St.
Green Mill Run, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Brown:
During a scoping meeting on January 13, 2010 for the proposed ECU housing
development (The Providence) at which representatives from your department were
present, staff from the Division of Water Quality (DWQ) raised concerns about the
removal of vegetation along the corridor between 10th and 14th Street. Just previous to
the scoping meeting, DWQ staff had observed clearing within the riparian buffer, On
April 6, 2010, Chris Pullinger and Roberto Scheller made another field visit to the site for
the purposes of reviewing a 401 Certification request for The Providence (ECU student
housing project), and documented the extent of the vegetation removal along Green Mill
Run. Green Mill Run is in the Tar-Pamlico River Basin, and is subject to the Tar-
Pamlico Buffer Rules.
During the April 6, 2010 site visit, DWQ staff observed that vegetation had been
removed from both banks of Green Mill Run along approximately 1,500 linear feet of
streambank. Some of the removed vegetation was left where it had been cut, and now
constitutes potential fill in 404 jurisdictional wetlands and within the riparian buffer.
During the January 13, 2010 scoping meeting, you identified that the work had been done
by the City of Greenville as part of an on-going flood control program. The purpose of
this letter is to request your documentation to support how this activity fits as an on-going
North Carolina Division of Water Quality Internet: www.ncwaterquahty org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 PAX 252-946-9215 NorthCarohna
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use within the Tar-Pamlico Buffer Rules. Exemptions for ongoing uses are identified in
15A NCAC 02B .0259(3)(b)(i) of the North Carolina Administrative Code.
Some of the vegetation that had been removed would qualify as nuisance vegetation, as
defined in: Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of Environment and
Natural Resources. Division of Parks and Recreation. Raleigh, NC. Guideline 430.
Removal of nuisance vegetation is an exempt activity in the Table of Uses; however,
there were also larger trees observed to have been removed. Periodic maintenance of
modified natural streams is listed as an allowable activity. "Exempt" and "Allowable" as
activity categories are defined in 15A NCAC 02B .0259 (7), and activities that fit in these
categories can be found in the Table of Uses (15A NCAC 02B .0259 (6); allowable uses
must obtain a written Authorization Certificate from DWQ before proceeding.
Please respond to this letter by May 1, 2010 with data to support any assertion that these
activities are exempt from the Tar-Pamlico Buffer Rules. Please suspend any
unauthorized removal of vegetation from the riparian buffer until this matter has been
resolved. This letter only addresses the applicability to the buffer rules and does not
approve any activity within the buffers. Nor does this letter approve any activity within
Waters of the United States or Waters of the State. If you have any additional questions
or require additional information please call Chris Pullinger at [phone].
?incerqly,
Al Hod e/ sor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Greenville SE quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Rock Springs Neighborhood Association, c/o Matthew Shulman; 1000 Edgewood
Court;Greenville, NC 27858
AWAYWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
April 12, 2010
Rock Springs Neighborhood Association
c/o Mr. Matthew Shulman
1000 Edgewood Court
Greenville, NC 27858
Subject Property: Green Mill Run corridor between 10th St. and 14th St.
Green Mill Run, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. Shulman (et al.):
On March 1, 2010, at your request, in response to concerns raised by residents along West
Rock Springs Road, I conducted an on-site determination to review maintenance
activities that have been undertaken along Green Mill Run, and to explain the
applicability of the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259) to Green Mill Run.
I have delineated the affected area on the attached map.. The project is located between
10th Street and 14th Street, approximately 0.1 miles west of West Rock Springs Road, in
Greenville, NC, running parallel to Rock Springs Road.
At your request, I investigated concerns about vegetation removal within the riparian
buffer. Vegetation has been removed from both banks along approximately 1,500 linear
feet of Green Mill Run. As I explained in the field, there is an exemption from the rules
for removing understory nuisance vegetation, as defined in: Smith, Cherri L. 1998. Exotic
Plant Guidelines. Dept. of Environment and Natural Resources. Division of Parks and
Recreation. Raleigh, NC. Guideline 430. Some of the vegetation that was removed does
qualify as nuisance vegetation, but as mentioned previously, I made observations of
larger woody vegetation that had also been removed. It also appears that the some of the
vegetation that was cut was left where it fell. The cut vegetation constitutes a potential
fill within wetlands or the riparian buffer.
The work appears to have been undertaken by the City of Greenville and this office has
made contact with the Public Works Department to resolve this matter. This letter only
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
Page 2 of 2
addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or
Waters of the State. If you have any additional questions or require additional
information please call Chris Pullinger at [phone].
, SincerelA
L A"1 Ho gei/Supervi r
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Greenville SE quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
City of Greenville, Attn: David T. Brown, PE; Department of Public Works; 1500
Beatty Street; Greenville, NC 27834