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Home My WebLink About20160875 Ver 1_Notice of Violation (NOV)_20161018 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretelty Water Resources ENVIRONMENTAX QUAL27Y S. JAY ZIMMERMAN Director May 19, 2016 CERTIFIED MAIL#7014-3490-0001-8821-0118 RETURNRECEIPT REO UESTED Belinda Keever 8005 Falling Leaf Court Raleigh,NC 27615 Subject: NOTICE OF VIOLATION NOV-2016-PC-0172 Pin# 1707684389; Site 4 WT002229 8005 Falling Leaf Court, Raleigh NC Neuse River Riparian Buffer Violations Wake County Dear Mr. and Mrs.Keever: On May 16, 2016, Laura Robertson and William Miller from the Raleigh Regional Office(RRO) of the Division of Water Resources (DWR) conducted a site inspection in response to a citizen complaint for the above referenced site. The stream onsite is an un-named tributary to Mine Creek which is a part of the Neuse River Basin. Accordingly, the following observations and violations were noted during the DWR inspection: Item 1, Neuse River Basin Riparian Buffer—Vegetation Title 15A North Carolina Administrative Code 02B ,0233 (4) of the Neuse River Riparian Buffer Rules requires that Zones I of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item(6)of this Rule. (Attachment A, Photographs 1-8). • The stream feature (Attachment B) is depicted on the MRCS Soils Map and as such is subject to the Riparian Buffer(I 5A NCAC 02B 0233) rules; • h-i excess of 95 linear feet on the eastern stream bank of the unnamed tributary to the Mine Creek were impacted by the removal vegetation from Zone I and Zone 2 of the riparian buffer area, Both Zone I and Zone 2 must remain vegetated to ensure compliance with the diffuse flow requirement. Per 15A NCAC 02B ,0}233 (5): `Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation.' 1)ivision ol'Wiiier Resourccs, Raleigh Rqnoiul 0111cv,W)tcr Qual hv Opo-ations SLxtion 1028 .khi� St!rOceCen(tr, Ralei,,00N(1`7699-1628 Phone ( )H)791-4200 1'mwion: 34OO Barrett Drivc, Ralcigh. NC 2-17009 1-! ax: 9)7'v,�-7151) May 19,2016 Page 2 of 8 Lone 1 must remain vegetated with woody vegetation and remain undisturbed except for specific uses as stated in 15A NCAC 02B .0233 (6). As per section 15A NCAC 0213 .0233 (4): Lone I shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular to the surface water.' g An above-ground swimming pool and deck has been constructed/is being constructed within the riparian buffer area within Lanes I and 2. Requested Response: You are requester)to immediately address the below items in writing within 30 days of receipt of this letter. The site needs to be stabilized to prevent further soiFsediment loss to the stream. If necessary, you are encouraged to retain an environmental consultant to assist with and ensure remediation efforts are completed in satisfactory manner. 1. Riparian Buffer Violations a.) Construction of Swimming fool and Beck in Riparian Buffer. A Division of Water Resources file review with the City of Raleigh confirmed that a Riparian Buffer Authorization Certification has not been issued nor has an application been received for the subject property. Accordingly, the swimming pool and deck you have installed adjacent to/along the subject stream(without a Riparian Buffer Authorization Certification) are buffer rule violations. b.) Riparian Buffer Major Variance.The impacts to the riparian buffer are considered prohibited [I 5A NCAC 02B .0233(6)] and will require a request for a Variance. Major Variances are for any impacts within Zane I of the buffer. Approvals for major variances may only be granted by the N.C. Environmental:Management Commission-'Water Quality Committee(WQC) as required by 15A NCAC 02B .0233(9)(c). Please submit 3 copies of the:Major Variance Application form along with site plans to NC DWR,401 &Buffer Permitting Unit 1617 Mail Service Center Raleigh,NC 27669-1617. To secure your placement on the next WQC meeting for your proposed major variance, you must submit a major variance application to the DWR Central Office six(6)weeks prior to the Committee meeting date. To view the WQC meeting dates, click on this link; Uu)--^cls€ .Llc Litt[ 'a_? .�l t .Il °�4 b''c7 2E(.'L�T StEsl ytS'Gi3ti YC CSLti�4� -i111C)11i P .I1lF 1� sCll >'�it [15A NCAC 02B .0233(6)] An alternative to the after-the-fact riparian buffer variance and riparian buffer mitip,ation payment, you may choose to remove the constructed pool and deck and restore riparian vegetation. c.) Riparian Buffer Impacts. Please submit a Riparian Buffer Restoration Plan to this office for review and approval. This plan must be developed to ensure that at least two native tree species are planted at a density sufficient to provide 320 trees/acre at maturity. This May 19,2016 Page 3 of 8 density is usually achieved by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an 8 ft.x 8 ft. grid. This plan must include the types of native woody vegetation selected, methodology of planting, and a site map indicating the location of the replanting efforts. 2. Schedule. Please indicate in your response a detailed schedule with dates explaining when the restoration will be completed. Please submit required materials to: Laura Robertson, LG Division of Water Resources 3800 Barrett Drive 162.5 Mail Service Center Raleigh,NC 27699 This office requires that the violations, as detailed above, be abated immediately and properly resolved. Environmental damage and violations of North Carolina Administrative Codes have been documented for the subject site as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Laura Robertson at(919)791-4247. Sincerely, �r f Danny Smith, Regional Office Supervisor Water Quality Regional Operations Division of Water Resources DEQ Raleigh Regional Office Encl: Attachment A: Photographic Documentation Encl: Attachment B: Site Map cc: DR RRO file copy Jennifer Burdette, 401 &Buffer Permitting Branch, 1617 MSC Lauren.Witherspoon, Stormwater Management Division, City of Raleigh, One Exchange Plaza, 10"Floor, Raleigh,NC 27601