Lourenco Park

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 25, 2011
City of New Bern
Parks & Recreation
C/O James Lewis
1620 National Avenue
New Bern, NC 28560
Subject Property: Lourenco Park
Lawson Creek [NEU10 27-101-42; SC, Sw, NSW]
Determination of Neuse River Riparian Buffer Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Lewis,
DWQ received the request from the New Bern Parks & Recreation Department proposing
vegetation maintenance activities within the 50-foot Neuse Riparian Buffer. It is the
Parks & Rec. Department's assertion that the maintenance of vegetation, as an activity
for the use of the public park, should be considered as an on-going, exempt use in the
buffer. Based on the information and site visits, it is our position that you have
demonstrated that your activity of periodic vegetation maintenance qualifies as an
existing use within the riparian buffer; however the following conditions are still
applicable. If you are not able to meet these conditions, then you may be required to
apply for a buffer authorization before undertaking any activity within the riparian buffer.
1) Selective Maintenance and debris removal
Trees larger than 5-inches diameter at breast height should be completely avoided.
These larger trees may be "limbed up" but not removed from the buffer area. Any
vegetation that is cut or pruned should preferably be done by hand labor. All cut
limbs and debris from pruning should be collected and disposed of in an area that
is outside the buffer or wetlands. Pruning should be performed in accordance
with the enclosed clarification memo. Wax myrtles on the property may be
pruned to a stump height of six-inches (6") for "rejuvenation pruning".
North Carolina Division of Water Quality Internet: www.ncwatergualiiy.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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Page 2 of 2
2) Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will no re-concentrate before discharging into the
stream as identified within 15A NCAC 213 .0233(5)
3) No Waste, Spoil, Solids or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters or
riparian areas. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards,
statues, or rules occur.
This letter only addresses the applicability of your planned vegetation maintenance to the
buffer rules and does not approve any other activities 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 Amy
Adams at [phone] in the Washington Regional Office.
Enclosures: Buffer Clarification Memo #2007-015
cc: vl6my Chapman, DWQ 401 Oversight/Express Unit
WaRO File Copy
Roy Brownlow, District Manager, Morehead District Office
Filename: BufferExemption_approval_CityofNewBem/aa
Division of Water Quality
Surface Water Protection
Washington Regional Office
O?OF WAT?ROG
r
7 =.1
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
L3 .r Colleen H. Sullins, Director
Division of Water Quality
January 2, 2008
Buffer Interpretation/Clarification #2007-015
MEMORANDUM
Back rg_ound: In the table of uses in the Neuse River Basin Buffer Rule ISA NCAC 02B.0233(6), the Tar-Pamlico River
Basin Buffer Rule 15A NCAC 028.0259(6), and the Catawba Buffer RulesI 5A NCAC 02B.0243(6), there is a provision
for pruning vegetation under "vegetation management" that is considered exempt, provided the health and function of the
vegetation is not compromised.
Problem: There is no clear definition or concise guidelines in the above-mentioned buffer rules to explain how to prune and
what pruning truly consists of, nor is the issue of mowing addressed.
Solution:
Pruning should always be performed primarily for safety, then for the health of the vegetation, and lastly for aesthetics.
Specific pruning guidance for various vegetation types is as follows:
Pruning is defined as the removal of dead tree branches or live tree branches with a diameter of less than 10 centimeters
(3.94 inches). If a branch being removed is greater than 10 centimeters (3.94 inches), it is no longer considered pruning.
Branches greater than 10 centimeters (3.94 inches) in diameter should only be removed when the branch is a safety issue.
pruning for Deciduous Trees: If pruning must be done on deciduous trees, then it should only be performed once a year
during the dormant season or Immediately following an "act of god" situation, such as a hurricane or ice storm
that causes tree damage. Dead branches on trees can removed any time.
(http /Iwww na fs fed us/spfo/pubs/howtos/ht prune/nru001).
Pruning for Coniferous Trees: Conifers may be pruned any time of year, but pruning during the dormant season may
minimize sap and resin flow from cut branches. Dead branches on trees can removed any time.
Pruning for Shrubs: According to Dr. Barbara Pair, Assistant Professor in the Department of Horticulture Science at
North Carolina State University, an acceptable way of pruning shrubs would involve the selective removal of branches
while maintaining the natural shape of the plant. Small branches that do not conform to the natural shape of the shrub can
be removed as needed. Cutting the branches of a shrub down to its main trunk is not a selective removal of branches and
could compromise the plant. If shrubs are pruned properly, it should not be obvious.
In addition, no pruning of shrubs should be done that could potentially compromise the vegetation by reducing the organic
matter collection or removal of the buffer's ability to reduce soil loss during flooding, as there would be no top growth to
slow the flow of water.
Mowing of Grasses, Weeds and All Other Non-woody Vegetation: These can be mowed in Zone 1 of the protected
riparian buffers only if the lawn has been continuously mowed prior to the applicable buffer rules. Zone 2 can be maintained
lawn provided vegetation in Zone 1 and diffuse flow through the buffers is not compromised.
Signature:
Date: / _'I _r
401 Wetlands Certification Unit
1650 Mail service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, suite 250, Raleigh, Noah Carolina 27604
Phone: [phone]/ FAX [phone] / Internet. http://h2o.enr.state.ne.uslncwetiands
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