Buffalo Creek and pond adjacent to NC Highway 42

roncnaei r - rasiey, t3overnor
William G.'Ross Jr, Secretary
North Carolina, Department& Environment and Natural Resources
Alan W. Klimek, P.E. Director
_ - -- . __• - Bivtsi
- - -- — - - -- •— - - - - --- - -- -- - - - -- •on-of-Waier @uatftq-
DIVISIOWOF WATER QUALITY.
April 10, 2003
CERTIFIED MAIL:, Return Receipt Requested
Wayne Stephenson
12100 NC Highway 50 North
Willow Springs, N.C. 27592
422 -6892 (Home Phone)
894 -2700 (Work Phone)
SUBJECT: NOTICE OF VIOLATION
Neuse River Buffer Rule (15A NCAC 02B .0233)
Buffalo Creek and pond adjacent to NC. Highway 42
NBRRO 03 -084
Johnston County
Dear Mr. Stephenson:
On,March 13 „2003, Mr, Steve Mitchell from the Raleigh Regional Office ofthe N.C. Division of Water
Quality (DWQ) conducted an, inspection of the subject property. The investigation revealed that protected
riparian buffers associated with Buffalo Creek, a perennial stream, had been impacted,. The impacted
buffers are associated with surface waters within the Neuse River-basin and are classified by the DWQ as
nutrient sensitive waters. It was determined during the field 'investigation that approximately 300 feet of
buffers were disturbed. The entire 50 -feet of the protected riparian buffers had been cleared of vegetation
and gradedealong the west side ofthe stream:
As a result of these observations, DWQ staff also conducted a file review. Accordingly, the following
items detail -and confirm a failure to secure a variance or other such approval as required under the buffer
protection rules as a result of this review and respective site visit:
Neuse River Riparian Area Protection Rule
The protected buffers are regulated under the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Existing Riparian Buffers rules ( "Neuse Buffer
Rule ", 15A NCAC 02B .0233). These rules protect' 50 -foot riparian 'buffers along surface waters
(intermittent streams, perennial streams, lakes, ponds and estuaries) within the river basin. The 50 -foot
buffer consists of two "zones "'. "Zone 1" is -the inner,30-feet measured from the top ofthe stream bank.
Zone 1 is intended to be an "undisturbed" area. "Zone 2" is the outer 20 feet and is intended to be a
vegetated area, with allowances for some vegetation management 'and grading. The stream located on
this property is shown as a perennial stream on the USGS topographic map and is subject to the Neuse
Buffer Rule.. (You may obtain a copy of the Buffer Rule from our web site at
hftp://h2o.enr.state.n-c.us/nps/BuffO233FinalCode-pmadf or by calling,this office.,)
Clearing of- vegetation and grading has- occurred within Zone 1 of the protected riparian buffer.
Further, no record of a request for a no practical alternatives review, authoeization certificate or variance
was received by the DWQ for these impacts to buffers. Therefore DWQ has determined that the impacts
that have occurred are in violation of 15A NCAC 02B .0233 and that a major variance is required for the
above - mentioned impacts. This requires written approval from' the Water Quality Committee of the, N.C.
Environmental Management Commission prior to performing the activities'that have occurred.
This Office "requests that you respond, in, writing, within ten (10) days of receipt of this Notice of
Violation. Your response must address the following items:
Raleigh Regional Office 1628 Mad Service Center phone [phone] Customer Service
Water Quality Section Raleigh, NC 27699 -1628 facsimile (919) 571 -4718 1 -800- 623 -7748
NcDE

"i
1. The disturbed areas must be stabilized as soon as possible (if you 'have not already done so) to
control streambank erosion and to prevent sediment from entering the stream. Please ;indicate how
you intend to stabilize or have stabilized the disturbed areas (e.g., 'install ground cover, seed,
sediment control devices, etc.).
2. Please :discuss your efforts to abate impacts,to,riparian buffers'.
3. ;Please discuss your plans to restore the riparian buffer. The plans' should include at least replanting
Zone 1 (30 feet closest to the stream) at a density that will provide approximately 320•trees per acre
at maturity and should include at least two (2)' different, hardwood tree species: The plan should
'include ,a, map'of the location of the proposed plantings and a planting -schedule: You may Wish 'to
review the 'Wetlands Restoration Program's "Guidelines for Riparian Buffer Restoration"
( http:// h2o. enr .state.nc.us /wrp/pdf /buffers.pdg prior to submitting this plan. In addition, you should
obtain or' otherwise comply with. any other required federal, state or local permits before you proceed
with the restoration 'including (but not limited to) Erosion and Sediment Control Permits from the
Division of Land Resources, Land Quality Section.
4. Finally, please explain why you did not secure the proper approvals for the impacts that have
occurred to the protected buffers.
The Raleigh Regional Office (RRO) of the DWQ has the option of sending' a recommendation for
enforcement action to the Director of the DWQ. Please be aware that if -the RRO chooses to take action
on this option, you may be subject to the possible assessment of civil •penalties• of up to $25,000.00 per
day, per violation. Please be advised that nothing in this letter should: be taken as ,absolving *you of the
responsibility and liability for any pastor futu_rewiolations.
The DWQ is notifying (by copy of this letter) the Division of Land Resources, Land Quality Section
that land disturbance of approximately one acre or more in size has 'occurred on your property. An
Erosion and :Sediment Control Permit will most likely be required for this activity. You should contact the
Land Quality at the Raleigh Regional Office at (919) 571 -4700 to discuss your compliance with their
regulations.
Thank you for your prompt attention to this matter. Should you have `any questions, please
contact Mr. Steve•Mitchell at (919) 571 -4700.
Sincerely,,
Ken Schuster
Water Quality"Regional Supervisor, RRO
cc: DWQ Raleigh Regional Office
John Holley, Division of Land Resources, Land Quality Section, RRO
Amanda Jones; USACE — Raleigh Regulatory- Field Office
DWQ Non -Point Source Compliance /Enforcement Unit'•
Danny Smith, DWQ Wetlands /,401 Unit
Central File§

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' rvucnaw r tasiey; k3overnor
William G. Ross Jr., Secretary
North Carolina Department of, Environment and Natural Resources
Alan W. Klimek, P.E. Director
. - - • - -• �ivisian-of Water@ - —•• -- - -•--
DIVISION OF WATER QUALITY.
April 10, 2003
CERTIFIED MAIL: Return Receipt Requested
Wayne Stephenson
12100 NC Highway 50 North
Willow Springs, N.C. 27592
422 -6892 (Home Phone)
894 -270Q (Work Phone)
SUBJECT:, NOTICE OF VIOLATION
Neuse River Buffer Rule (15A NCAC 02B .0233)
Buffalo Creek and pond adjacent to NC Highway 42
NBRRO 03 -084
Johnston County
Dear Mr. Stephenson:
On March 13; 2003, Mr. Steve Mitchell from the Raleigh Regional Office of the N.C. Division of Water
Quality (DWQ) conducted an inspection of the subject property. The investigation revealed that protected
riparian buffers associated with Buffalo Creek, a perennial stream, had been impacted. The impacted
buffers are associated with surface waters within, the. Neuse River�basin and are classified•by'the DWQ as
"nutrient sensitive waters. It was determined during the field investigation that approximately '300 feet of
buffers were disturbed. The entire 50 -feet of the protected riparian• buffers had been cleared of vegetation
and graded along the west side of the stream.
As a result of these observations, DWQ staff also conducted a file review. •Accordingly, the following
items detail and confirm a failure to secure a,variance or other such approval as required under the buffer
protection,rul'es as a result of'this review and respective site visit:
Neuse River Riparian Area Protection Rule
The protected buffers are regulated under the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Existing .Riparian, Buffers rules ( "Neuse Buffer
Role ", 15A NCAC. 02B .0233). These rules protect 50 -foot riparian buffers along surface waters
,(intermittent streams, perennial streams, lakes, ponds and estuaries) within the river basin. The 50 -foot
buffer consists of two "zones ". "Zone 1" is the inner 30 feet measured from the top of the stream bank.
Zone 1 is intended to be an "undisturbed" area. "Zone 2" is the outer 20 feet and .is intended to be a
vegetated area with allowances for some vegetation management and grading. The stream located on
this• property is shown• as a perennial stream, on the OSGS topographic map and is subject to, the Neuse
`Buffer' Rule. (You may' obtain a copy of the Buffer Rule from our web site at
http: / /h2o.enr. state. nc. us /nps /BuffO233FinalCode- 12rn.pdf or by calling this office.)
Clearing of vegetation and grading has occurred within Zone 1 of the protected riparian buffer.
Further, no record `of a request for a no practical alternatives review, authorization certificate or variance
was received by the DWQ for these impacts to buffers. Therefore DWQ has determined that the impacts
that have occurred are in violation of 15A NCAC 02B .0233 and that a major variance is required for the
above - mentioned impacts. This requires written approval from the Water Quality Committee of the N.C.
Environmental Management Commission prior'to performing the activities that have occurred.
'This Office requests that you respond, in writing, within ten (10) days of receipt of this Notice of
Violation. Your response must'address the following items:
Raleigh Regional Office 1628 Mail Service Center, phone [phone] Customer Service
Water Quality Section Raleigh, NC 27699 428 facsimile (919) 571 -4718 1- 800 - 623 -7748
��I►
NGDENR

1. The disturbed areas must be stabilized as soon as possible (if you have not already done so) to
control streambank erosion and to prevent sediment from entering the stream. Please indicate how
you intend to stabilize or have stabilized the disturbed areas (e.g., install ground cover, seed,
sediment control devices, etc.).
2. Please discuss -your efforts to abate impacts to riparian buffers.
3. Please discuss your plans to restore the riparian buffer. The plans should include at least replanting
Zone 1 (30 feet closest to the stream) at a density that will provide approximately 320, trees per acre
at matunty and should include at least two (2) different hardwood tree species. The plan should
include a map of the location of the proposed plantings and a planting schedule. You may wish to
review the Wetlands Restoration Program's "Guidelines for Riparian Buffer Restoration"
(http: / /h2o. env. state.nc.us /Wrp/pdf /buffers.pdg prior ,to submitting this plan. In addition, you should
obtain or otherwise comply with any other required federal; state or local permits,before you proceed
With the restoration including (but not limited. to) Erosion and Sediment Control Permits from the
Division of Land Resources, Land Qualiy Section.
4.; Finally, please explain why you did not secure the, proper approval's for the impacts that have
occurred to the protected buffers.
The Raleigh Regional Office (RRO) of the DWQ has the option of sending a 'recommend'ation for
enforcement action to-the Director of the DWQ. Please be`aware, that if,the RRO chooses to take action
on this option, you may be subject to the possible assessment of civil penalties of up to $25,000.00 per
day, per violation. Please be advised that nothing in this letter should be taken as absolving you of the
responsibility and liability for any past or future violations. -
The DWQ is notifying (by copy of this letter) the Division of'Land Resources, Land Quality Section
that land disturbance of approximately one acre or more in size has occurred on your property. An
Erosion and Sediment Control Permit will most likely be required for this activity. You should contact the
Land Quality at the Raleigh Regional Office at (919) 571 -4700_ to discuss your compliance with their
,regulations.
Thank you for your prompt attention to this matter., - Should you have any questions, please -
contact Mr. Steve Mitchell at (919) 571 -4700.
Sincerely, .
Ken Schuster
Water Quality Regional Supervisor,, RRO'
c_c° DWQ ,Raleigh Regional Office
John Holley, Division of Land Resources, Land Quality Section, RRO,
Amanda Jones, USACE — Raleigh Regulatory Field Office
DWQ Non - Point Source Compliance /Enforcement Unit
Danny Smith, DWQ Wetlands /401 Unit
Central Files

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William b. Ro"ssJr , Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
Division of Water Quality
,DIVISION OF WATER QUALITY
April 15, 2003
CERTIFIED MAIL: Return Receipt 'Requested
Rachel Ellis
1'04 Nichols.Drive
Garner-„ N.C. 27529
SUBJECT: NOTICE OF VIOLATION'
Neuse'River'Buffer Rule (1,5A NCAC 02B.0233)'
Buffalo C_ reek,and pond�adjacent to NC Highway 42
NBRRO 03 -084
Johnston County
Dear ^Ms. Ellis!
On'March 13;'2003; W. Steve Mitchell from the Raleigh Regional Office of',the.N.0 ". Division of Water
Quality (DWQ) conducted an' inspection of the subject property: The. investigation,revealed that protected
riparian ,buffers associated with -Buffalo Creek, a, perennial stream,, had been impacted. The, impacted
buffers are associated With surface waters within'the;Neuse, River basin and are classified by the DWQ as
nutrient sensitive, waters. It was determined during the field investigation that approximately 300 feet of
buffers were disturbed. The entire 504eet,of,the protected riparian buffers had been cleared of vegetation
and graded, along the west "side of the stream.
As a result of °these observations, • DWQ staff also'conducted a, He review, Accordingly, the following
items detail and confirm a failure to secure a variance or other such approval as required under the buffer
protection rules as a result,of this review,and respective site,visit:
Neuse River - Riparian Area Protection Rule
The protected buffers are regulated under the Neuse River 'Basin: Nutrient; Sensitive Waters
Management Strategy: Protection and Maintenance of Existing Riparian Buffers rules '( "Neuse Buffer
Rule ", 15A NCAC 02B .0233). These rules protect 50 -foot riparian buffers along surface waters
,(intermittent streams, perennial streams, lakes, pond's, and estuaries) within the river basin. The, 50 -foot
buffer consists of two "zones_". "Zone 1" is the "loner 30 Meet measured from the stop of the stream bank.
Zone 1 is intended to be ,an "Undisturbed" area., "'Zone 2" is the outer 20 feet and is intended to be ,a
vegetated area with allowances for 'some vegetation- management and grading, The ,stream located on'
,this property. is shown as ,a perennial stream on the USGS topographic map and is subject to the Neuse.
Buffer Rule,. (You may obtain a copy of the Buffer Rule from our web site at'
htto: 1/h2o enr state4nc us /nps /BuffO233FinalCode-,prn pdf or by calling this office.)
Clearing of vegetation and grading has occurred within Zone 1, of the, protected riparian buffer.
Further, no record of a request for a no practical alternatives review, authorization certificate or variance
Was received by the DWQ for these impacts to buffers, Therefore DWQ has determined that the impacts
that'have occurred are in violation of 15A,NCAC '02B;,,0233 and that a major variance its required for the
above - mentioned impacts. This requires written approval from the Water Quality Committee of the. N.C.
Environmental Management Cornmisslon prior to-performing the activities that °have occurred.
This Office requests ,that you respond, in writing, within ten (1,0) day_ s of receipt of this Notice ,of
Violation. Your response must address the following items:,
Raleigh. Regional Office 1628 Mail Service Center phone [phone] Customer Service
Water Quality Section Raleigh, NC 27699 -1628 facsimile (919),571 -4718 1- 800 -623 -7748
NGDENR

1;. The disturbed areas must be stabilized as soon as possible (if you have not already done, so) to
control streambank erosion and 'to prevent sediment from entering the stream. Please indicate how
you intend •�to stabilize or have, stabilized_ the disturbed areas .(e:g., install, ground cover, seed,,
sediment control, devices; etc.):
I Please,discuss your efforts tozbate impacts to,riparian'buffer"s.
3. Please discuss your p'lans,,to, restore theripaiian buffer. The plans, should include at least replanting
Zone 1 (30'feet.closest,to the stream) afa density'thatwill provide approximately 320 trees per acre
at maturity and should include at' least two (2) different hardwood tree species. 'The plan should
include a, map of the location of ,the, proposed plariting§ sand a planting schedule. You may wish to
_
review the = Wetlands Restoration Program's "Guidelines for Riparian Buffer Restoration"
(http: / /h2o,6hr.state:r d.us %wro/p'df /buffers,pdf) prior to submitting this plan. In- addition, you should
obtain or'ottidrwise comply with any other required federal, state or local permits, before you proceed
with the restoration including (but riot limited to) Erosion +and Sediment Control, Permits from the.
Division of Land Resources, Land Quality Section.
4. Finally, please explain why you did not secure the. proper approvals for the impacts that; have
occurfed to the protected buffers.
The Raleigh° Regional' Office '(RRO) of the DWQ has the option •of sending a recommendation for'
enforcement. action to the Director of the DWQ., Please be aware that, if the RRO chooses to take action
' on this option, you may be subject to the possible assessment of civil' penalties of up to $25;000.00 per'
day, per violation. Please be advised that nothing `in this letter should be ,taken as absolving you of the
respon §ibdity and liability.for any.postor future,,violations.
The'DWQ is. notifying (by' copy ,of� this,16tter) the. Division, of Land Resources,, Land•'Quality Section
that land disturbance of approximately one acre or, more in size `has occurred on, your property:- An
Erosion' and "Sediment Control Permit will most ,likely be , required for thin activity. 'You, should contact; the
Land Qualiy at, the Raleigh Regional- ,60ibe at (919). 571.470 ,to discuss your, compliance with their
regulations.,
Thank -you for your prompt atterition to this matter. Should `you have any `questions, please
contact Mr_ Steve Mitchell at (91,9)'571- 4700:
Sincerely,;
Ken SO, usfer
Water Quality Regional •Supervisor, RRO'
cc: 'DWQ Raleigh - Regional Office
John Holley, Division of',Land Resources; Land Quality Section,, RRO,
Amanda,Jones, USACE -= Raleigh Regulatory Field Office
DWQ Non- Point•,Source Compliance /Enforcement Unit,
Danny Smith °;,`DWQ Wetlands /401, Unit
Central Files
42NOVa.084

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IV10.d IGCI,r."adDlvy, UUVCll lul
'William G. Ross Jr., Secretary
North Carolina Department of EnvironmenVand Natural Resources
1DIVISION: OF WATER QUALITY
April' 1.5„2003'
CERTIFIED; MAIL: Return Receipt Requested,
Rachel Ellis -
104 Nichols Drive
Garner, N.C. 27529
Dear Ms. Ellis:
Alan' W, Klimek, P.E Director
Division•ofWater Quality
SUBJECT: NOTICE OF'VIOLATION
Neuse River BufferRule •('15A'NCAC 02B.0233)
Buffalo Creek and pond,adjacent;to NCHighway_42
N B R_RQ. 03 -084
Johnston County
On .March 13, 2003, Mr. Steve Mitchell from the Raleigh,'Reigional Office ofthelN.C. Divisiomof`Water
Quality (DW%conducted an inspection ofthe;subjectproperty. The investigation revealed that protected'
riparian ,buffers associated with ,Buffalo Creek, a perennial stream, had been_ impacted. The °impacted
buffers are,associated with surface waters within ,the Neuse River basin and are classified by the DWQ, as,
nutrient,sensitive waters. It was, determined during the field investigation that approximately 300 feet of
buffers, were'di"sturbed. The entire 50-feet of'the protected riparian buffers had been cleared ofvegetation
and graded `along the west iside ,of the stream.
As a result of these observations, DWQ staff also conducted a file review. Accordingly, the'followirig
items detail and confirm a failure4o secure'a vadance�or other such,approval as required under,the buffer
protection rules as a result of this review and °respective site'visit:
Neuse River Riparian Area Protection Rule
The protected buffers are regulated- under the, Neuse River Basin: Nutrient- Sensitive Waters
Management 'Strategy Protection and Maihfenance of Existing Riparian Buffers rules ( "Neuse Buffer
Rule", 1'5A NCAC 0213° _0233). These rules ;protect 50 -foot riparian buffers along surface waters
(intermittent streams, perennial streams, 'lakes, pond's and estuaries) within ,the river basin. The 50 -foot
buffer consists of two "zones ",. "Zone Vls -the inner 304eetimeasured fro_m,the, top of the stream bank.
Zone '1 is intended to be an "undisturbed" area. "Zone 2" is the outer 20 feet and is'intended to be a
vegetated area with allowances for some vegetation management,and',grading. The, stream located on
this property is shown as a .perennial' stream on ,the'USGS topographic, map and is subject to the Neuse
Buffer Rule. (You may obtain a copy of the Buffer `Rule from- our web site at
httl2://h2o enrstate nc ,.us /hps /BuffO233rinbICod6- L .pdf'or by calling this office.)
Clearing of vegetation and grading has occurred within Zone 1 of the protected riparian buffer.
Further, no record of a ,request; for a no practical alternatives review„ Qauthorization certificate or-variance,
was received by theaDWQ °for these'impacts to buffers. Therefore DWQ has determined that the,impacts
that have occurred are in violation of 15A MAC 0213,:0233 and that a major,variance is required for the
above - mentioned impacts.- This requires written approval from the Water Quality Committee of the 'N.C-,
Environmental ,Managerrient'•Commission,prior to performing the activities, that have,occurred.
This Office requests that you respond, in writing', 'within ten; (1'0) days of receipt 7of ,this Notice of
Violation-. , Your,response, must address the following items :.
Raleigh Regional Office 1628IMad;Service Center, phone,(919) 571 -4700 Customer Service
Water Quality Section .Raleigh, NC 27699 -1628 facsimile (919),571 -4718 1 -800- 623 =7x748
DE

1. The disturbed areas `must, be stabili2ed as soon as possible (if' you have' not already done so) to
control streambank erosion and' to prevent sediment from entering the stream. Please,'indicate how
you intend to stabilize or have ,stabilized, the disturbed areas (e,g., install ground cover, seed,
sediment control devices, etc.).
2. ,Please discuss, your efforts to abate'impacts to riparian buffers.
3. Please discuss your,plants'to restore, the, riparian buffer,. The plans should include at leasixeplanting
Zone 1 (30 feet taclosest to the stream) ata density that will provide approximately' 320 ttiees persacre
at -maturity and should ;include at,least tWo •(2), different- hardwood tree,sspecies: The plan should;
inclifde, a map of -the Iodation of the proposed plantings and a planting schedule. 'You may'wish to
-review, the Wetlands Restoration Program's. "Guidelines for Riparian Buffer Restoration"
(http,-'/th2b.enf-.'state.nb,.us/wro/pdf/buff6[&-pdD ,prior to submitting this ,plan. In addition, you should
obtain or,othentiise complyiNith any other, - required, federal, state,or local perrhits,befor;eyou proceed
with`the, restoration including i(but not limited_'to) Erosion and Sediment Control, Permits from ,the
Division of Land Resources, Land Quality,Secfion,
4., Finally, please explain 'why you. did riot, secure the prop6r approvals for the impacts that "have
occurred,to'the; protected buffers:
The Raleigh `Regi

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rviwnaai r'. cawrq -, vuveuwf
William G. Ross Jr., Secretary
North Carolina Department of Environment andNatural Resources
DIVISION OF WATER QUALITY"
A;
pril15', 2003
CERTIFIED MAIL: Return Receipt Requested
,Rachel Ellis
104,Nich6is Drive
Garner, N:C. 27529
Dear Ms. Ellis.
Alan W Klimek, P.E. Director
Division of Water Quality) _
SUBJECT,: NOTICE OF VIOLATION'
Neuse River Buffer Rule (15A NCAC 02B .0233)
Buffalo- � Creek and pond adjacenCto ,NC Highuvay•42
NBRRO 03 -084
Johnston County
.On March, 13, 2003,, Mr,. Steve Mitchell,from the Raleigh Regional Office,,of'the N.C. Division of Water
Quality (DWQ) conducted an inspection of,the subject property: The investigation revealed, that protected
riparian buffers associated' with Buffalo Creek, a perennial -stream; had been impacted. -The, impacted
buffers are'associated,with surface water`s within the,Neuse,R-iver basiwand are classified by the DWQ.as
nutrient sensitive. waters. It was determined during the field investigation that approximately 300 feet of
buffers'were disturbed. The entire 50- feetrof the protected' riparian buffers had been cleated of vegetation
and graded along the +west side of the =stream.
As a, result of these observations, DWQ,staff`also�conducted a, file review. Accordingly, the following
Items detail and confirm a .failure to secure a variance or other'such approval as required' under the, buffer
protection�(ules as a result of this review and respective site, visit:'
Neuse'River Rioariani Area Protection Rule
The protected buffers are regulated under the Neus - -e River Basin: Nutrient ,Sensitive Waters
Management Strategy :, Protection and 'Maintenance of Existing Riparian Buffers rules ("Neuse Buffer
Rule ", 1'5A NCAC 026 .0233). These .rules protect 50- foot riparian 'buffers along surface waters
(intermittent streams,,, perennial streams, lakes, :ponds and estuaries) within the river :basin: `The, 50 -foot
buffer consists ,of two ",zones "Zone '1" is the inner 30 feet measured from °the top of'the stream bank.
Zone 1 is intended to be an "undisturbed" area. "Zone ,2" 'is the outer 20 feet and is intended to be a
vegetated area, with allowances for some vegetation management and grading. The stream located on
'ttiis- ,property is shown as ,a ,perennial' °stream on the, USGS topographic mgp�,and is subject to the Neuse,
Buffer Rule. (You -,may obtain, a copy of the'. Buffer Rule from our web site at
http: / /h2o.enr state nc.us /nps /BL ffO233FinalCodd- r�ri.odf or, by calling,this office:),
Clearing_ of vegetation and grading has occurred Within Zone 1 •of"the protected riparian buffer,.
'Further, no record; of a, request'fo"r a no practical alternatives review; authorization certificate,or variance
was ,received ,by, the DWQ; for these impacts _to buffers. Therefore DWQ has determined that the impacts
that, have occurred are in ,violation of 15A NCAC 02&.:0233 and that a major variance.:is required fo "r the
above- mentioned impacts. This requires written approval .from the Water Quality Committee of, the NC.
Environmental Management Commission prior to performing the activities that,have occurred.
This Office requests that you respond', yin writing, within ten (,1,0) days of receipt of this Notice �of
Violation: Your response must address the following items:
Raleigh Regional Office 1628 Mail Seryice,Center- phone, (919),571-4700 Customer Service NC -DENR
Water Quality Section Raleigh,,NC,27699 -1628 facsimile (919)?57147'18; 1- 800 - 62.3 -7748

f.
I., The disturbed areas :must be, stabilized -as soon as possible, (if'.you have mot already-, done so) to
control streambahk erosion and to prevent sediment, from entering, the; stream. Please indicate how
you intend to stabilize or, have" stabilized tithe Ais turbed -areas '(e.g., ,install ground cover, seed,
sediment � control devices, etc.).
2. Please discuss your effortsAo'abate, impact's to f6paribn buffers-.
3. - Please'discuss °your plans to restore the, riparian buffer. The plans should include at feast ;replanting
Zone 1 (30' feet closest; to the stream) �pt a density that will provide approximately 320 gees per acre.
at ,maturity °and `should include at ,least'.two (2) different' hardwood tree species., The .plan should .
include ,a, map of the location of the proposed plantings and a planting, schedule. You :'may wish to
review the Wetlands Restdrafion Program's "Guidelines for Riparian' Buffef Restoration°
(httpa % /h2oten�,. state :nc:us /WFp/pdf %6uffeLaQdf) pfior'to sutimitting'this plan. . In�,a'ddition, you should
obtain or otherwise comply with any other tequired federal, state or local' permits before you, proceed
with the restoration `including, (but not limited 'to) Erosion and Sediment Control Permits from; the
Division of Land Re "sources; Land Quality Section:
4. Finally, please explain why - you did not+ secure 'the proper .approvals for the impacts that have
occurred ,to, `the ,protected buffers.
The Raleigh Regional Office (RRO) of'the OWO has the, option, of sending a' recommendation for
enforcement,action'toAhe Director of the'DWQ.- Please be aware that if the RRO chooses to take action
on this option, you may- be subject to the possible assessment of-civil penalties of up� to $25,000.00 per
day', per violation. Please be advised that nothing In this letter should be taken as absolving you of the
responsibility ,and',liability,for phy past or future, violations.
The DWQ is, notifying (by copy cf this-16 ter)'the `Division, of, Lbri Resources, Land Quality Section
that land disturbance of �approxim-ately' one acre or more in size has occurred on your property_, An
Erosion,and, Sediment Control Permit will most likely be required for this activity., You should contactthe
Land Quality at the Raleigh; Regional Office at (9,19) 571 -4700 ,to -discuss your compliance witht'their
regulations.
Thank you for your 'prompt - }attention' tto this matter. 'Should you- have any questions, please
con'tact'Mr,`SteveiMitchell at,(91.9) 571 - 4700':
Sincerely`
Xen Schuster -
'Water'Quality Reg'ional,Supervisor; RRO
cc: DWG Raleigh ,Regional Office'
John Holley, Division of Land Resources, Land Quality Section, RRO
Amanda °Jones; USACE = Raleigh Regulatory'Field,Office'
DWQ Non =Point Source Compliance /Enforcement Unit
Danny,Smith; ,bWQ Wetlands /401, Unit
Central Files
42NO,Va.084

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johnston co. violations
Subject: johnston co. violations
Date: Tue, 25 Mar 2003 05:54:12 -0600
From: Amanda .D.Jones @saw02.usace.army.miI
To: debbie.edwards @ncmail.net
Debbie,
Here's a couple for you:
1) East side of SR 1177, approximately 0.25 miles south of its intersection with Stricklands Crossroads Road
(SR1143), south of Four Oaks (I'll fax you a map). Farmer (Mr. Rickie Norris) has mechanically cleared the
buffers of a perennial channel. He's been working with Mark Ferguson of the NRCS- Johnston Field Office to
resolve violation issues. You should contact Mark for more info ..... 919- 934 - 7156x.3. This is probably the largest
(linear footage of buffer) out of the one's I've listed but I don't really have a good estimate.
2) Rachel Ellis: north side of NC Hwy 42, intersection with Nicklaus Drive, west of Clayton. Adjacent to perennial
channel. Her address is 104 Nicklaus Drive, first house on the right. "Cleaned" out the creek. Basically,
excavated the sandbars and discharged them in the buffers. Also removed debris. Possible wetlands violation
but I'm still trying to figure it out. I talked to her on Friday and we've set up a meeting for Wed. at 3:00. The guy
who did the work will be there as well.
3) Mike Hines: Mechanically cleared 0.25 acres of wetlands. Area shows as a intermittent channel on soils but is
questionable where he cleared it. Located on the east side of US Hwy 701, approximately 0.5 miles north of
Stricklands Crossroads intersection, south of Four Oaks. Linear footage is about 200 feet at max. His address is
228 Spring Branch Drive, Four Oaks, 27524.....919- 369 -3672
IT fax over maps. These all popped up during the two days that I was in Johnston County.
Amanda
1 of 1 3/25/03 8:54 AM

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STEPHENSONS NURSERY PAGE 05
,Michael F_ Easley,'Govemor
William G Aoss,ir , Sea'etary
North,Garo_lina, Department of Environment and,NaturaikRepourcev
Alan MAIlmek,�P.E. Director
Divislon of Water Quality-
DIVISION OF WATE,WCUALITY-
Apr,il, I G. ;2003
CERTIF,IED,MAIL Re y-irn Recelpt °111equ'eS.6W
Wayne Stephenson
1,2100 NG,Kghway 50 North,
WiIIow. Springs', N.C. 27,592
,422 -8892, (Home Phone)
894 -2700 (Work Phone)
SUBJECT: - NOTICE Ci `WOLATION,
Neuse, River,Bbfer Rule °(15'AiNCAC 02B 0233)
Buffalo Greek and pond adjacent -to INC Highway 4Z
N13RRU,03 -U84,
Johnston County''
Dear Mr-'Stephenson:
On,March °1'3�, 200a, Mr, Steve,'Mltchell from,the Raleigh Regional Office of -,the'N:C., Division,of Water
Quality,(DWQ) conducted an- Inspection of the subject property, Thednvestlgatlonlrevealed 'that protected
riparian buffers 'associated with Buffalo Creek„ a perennial stream, had been impacted'. The impacted
buffers °are, associated with su -rf_ace waters41thin ithe Neuse River'basin and ara' classified by the, DWQ as
nutri'en't sensifivti Waters. IV was determined, during the field'Inuestlgatlon 4hat,'approzjfiately 300 feet, of
buffers Were distufbed,, The entire 50,-feet of ;the profected',riparian, buffer -s had been clearsd' of vegetation
and graded'>�long the west;side of'the stream.
As,aE result of'these observetlons, DWQ +staff also conducted a,,file'review. Accordingly, the following
items, detail,and'conflrm a, failure to secure a variance or other such approval as required under the buffer
protectlon rules as a respltbf'this review and respe -tive'sife ylslt'
Neu eAiver'Rinarian Ali Prgtectlon Ruls
The, protected' buffers are regulated under =the Musa River 'Basin: `Nutrient Sensitive Waters
Management Strategy, 'Protectlpn and Maintenance of, �Ekisting Riparian 'Buffers rules ( "Neuse Buffer
IRO W,,, '15A NCAC q2B .0233). 'These rules, ;protect 50 -foot riparian buffers' along surface, waters
(tnterMt"rft stream$,- Ferenniail, streAms, `Isikes, pand9 and estuaries) within 'the river- basin. The 504o6t
buffer consists of "two "zones "'. "Tone 1" Is, the. Inner 30 feet'rnea_sured "from the top of'the stream, bank'., -
Zone `1 is intended, to be an "''undisturbed'' area'. "zone `27 'is the.,outer '20ifeet ,and is ;Intended to be a
vegetated orea, With, 'al Iowa noes� for ,some vegetation management. and ,grading, The stream located oh -
this property'IS shown as,'a perennial;stream on the oh-
' ` top'ograph'ic map and' is subject10 the Neuse
,Buffer Rule, (You; may obtain a copy of the Suffer Rule from our web site lat
,http://h2o.enr.,itite-nc,.us/hps/BuffO233-FinalCod- R ft df or by,palling, this office.)
Clearing, of 'vegetation and gr -2ding - has, occurred wMin Zone 1 of the protected �Iparian buffer.
Further, no record, of ,a request, for a no practical alterna�lves review, authorization certificate, or variance
was recelved'�b,y the'QWQ for these 'impacts to buffers. Therefore DVVQ has determined that "the impacts
that °have occurred,are in vlo`Iaffon,,of 1,5A NCAC 02B .0233 and -,that a,major variance ts,requlred,for,the
akiove-�mentloned impacts. Th is, requlrbeswvrltten app
roval,frgm the Water Qua'Iity'Committee of the MC.
En'vironrnental Management- Commisslon''prior to, performing the activ,ities.,that,have occurred.
Th -is Office requests that you respond, In .writing,- within 'ten �(10)' days of recelpt, of this Notice oC
Violation Your response musti add reswthe,following iitems°
Raleigh,-'Regional Office 1,625'Ma1l,Ser,-V1MCentar phone [phone] customer- Sovlce
'Water, Quality. Section ROleigh, N(�27099 -1828 ,facsimile (9f9)_57_3:011'8 T 800623 =7748

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,65/22120031 0,9::52 9L9894270'2 STEPHENSONS NURSERY' PAGE 0,7
The • disturbed areas smust be stabilized ;as soon es- possible (if you, have, not already done rso) to
,control streambank eroslon and to prevent sediment from entering the stream., ,Please indicate how
you- intend to stabilize or have. stabilized, the disturbed. areas ('e „g. install ,grounds cover, seed,
sedlment,control devices, etc
2- Please dlscuss, youJr,efforts 16 abate impacts to riparian buffers.
�3 Please discuss'you"r plans ,to restore Ethel riparian buffer” The ,plans •sriould Include nt least' replanting
Zone'1 (30 feet closest to the'strearn' at a density that,Will provide approzir' ately 320 trees• <per',acre
at"maturity 'and should; include' at least two f(2�), different hardwood 'tree species. The plan 'should
include, a map of 4he, location of, the proposed plantings and a pigriting� schedule. You may wish to
review the Wetlands Restoration Program's "`Guidelines for Riparian Buff ®r Restoration"
( h ;prior to •syVm,itting ,t_hls: plan',, In addition, you 'should'
obtain �dr otherwise comply Withany' other required, federal, °state or focal pei'mlts before you proceed,
'With the, restoration 'including ,(but' not lirnited,,,to)- ,Erdsiorn anti :Sediment Control Permits from the
oivyision•of Land Resources „Land Qu5lity,Sbction�
4. Finally, please explain why, you, 'did not, secure the ;proper appr65al's for the> impacts that have
occurred to,the protected buffers.
The .Raleigh 'Regional' Qfflce (RR( ,of the .DWO has the opfion of sending a recommendation, for”
enforcement action °to ,fhe, D,Irecfo'r of "the DVNQ:, Please be' aware that'if'the. RRO chooses to take action
,on this' option„ you inaylbe subject to the, possible a$sessment of civil �penaltl'es,,of ,up •to $25;000:00 per
day,, per viol&tion,. Please be advised ,that nothing in ,this, fetter should• �be =,t'aken as absolving, You of the,
responsibility and liability-'for any past orJuture violations.
The DWO is rnotifying ,(by' copy, of, this letter) the Division' of .Land Resources,,, Land Quality Section
that land` d(sturbanoe of approziRiately gone acre or mcre­tn size 'has, �occur�red on your,,property., An
Erosion gnd ,Sediment Control Parrt�it will most likely be required for this activity,, `You •should, contact the
Land Quality_ of ,the Raleigh Regional Office at ;(91,9) -571' 4700' to discuss your compliance with their
regulations., � _
Thank ygu -,for -your prompt attention to this matter Should you ';have' any, questions, please
contact Mr,�Steve Mitchell,at.(91!g) 571,=4700.
Sincerely,
On Schuster
'Water Quality Regional Supervisor, RRO
cc* DWQ Raleigh,Regional Offcce
Jphn'Holley',, Division�of'Land Resources, Land Quality ,Section•,. RRO
Amanda J,ones,'US'ACE — Raleigh Regulatory ;Field Office',
DWQ Non - Point ,Source,CompliancelEnforc_ement Unit
'Danny, Smlth,-iDW.Q Wetlands /401 Unit
Central flles

,,.
- ,
i L

COPY
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200320583 County: Johnston
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCO7c,�
NCE
Responsible
Party Rachel Ellisn'
Address 104 Nicklaus Drive
Garner, NC 27529 �Q
Telephone Number
Size and Location of Property (waterbody, Highway name /number, town, etc.): The property is
located at 104 Nicklaus Drive, which is located on the north side of N.C. Hwy 42, approximately 0.5
miles east of N.C. Hwy 50, west of Clayton, Johnston County, North Carolina.
Description of Unauthorized Activity / Permit Noncompliance: Placement of fill in approximately
0.35 acres of wetlands and the excavation of approximately 0.02 acres of wetlands for landscaping
purposes.
Indicate Which of the Followine Apply:
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you. If you need further information about the Corps of Engineers regulatory program,
please contact Amanda Jones at telephone number (919) 876 - 8441 extension 30
Remedial Action Requested: Remove fill from wetland areas as discussed in our meeting on March 21,
2003. This includes removing dredged material from the stream that was placed in 0.12 acre of wetlands
adjacent to the stream channel. All other existing fill and culverts cal.,'•P maintained which includes 0.19
acre of fill adjacent to N.C. Hwy 42 and the two culverts leading to the pond.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre- addressed envelope.
Property Owner / Responsible Party Signature
Regulato Project Manager Signature_
Date
CF: Wayne Stephenson, 12100 NC Hwy 50 North, Willow Springs, NC 27592
Division of Water Quality, Attn: Ken Schuster, 1628 Mail Service Center, Raleigh, NC 27699 -1628

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