19980692 Ver 1_COMPLETE FILE_19980721

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A CERTIFIED MAIL
'NCDWR , RETURN RECEIPT REQUESTED
S i,^r
JAMES 13. HUNTJO,
`
`o°"NOR Mr. Roger Mooney
' 242 Summerwinds Drive
Cary, N.C. 27511

YVAYNC.MGDNI7T" y; _ Subject:
?.- SMCRETARY

,
l Dear Mr Mooney:
_
LL
Y:.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
July 21, 1998
NOTICE OF VIOLATION
Neuse River Riparian Buffer Rules
Summer Point Development
Project NBR-RRO 18
Wake County
On June 10, 1998 this Office sent you a request for information pertinent to the results of a
`. site visit conducted by Mr. Steve Mitchell of the Raleigh Regional Office. This investigation
occurred on June 3 at the above referenced project. It was determined that the water body present
adjacent to the Town Homes on the westward side is an intermittent stream and creek forming Loch

F f
;

Mr. Mitchell's investigation revealed that a sewer line has been constructed within the
=_,buffered area along Long Branch at the end of a new road in Summerwinds Subdivision. This sewer
Y" line is located within 20 feet of the creek. In addition, the buffer along this line has been removed
and a new road has encroached into Zones 1 and 2 at the sewer line. As this new road is being
constructed, the sedimentation control devices have not been adequate or have failed and allowed
n_ the sediment to migrate from up gradient and completely cover a small tributary to Long Branch.
The Neuse Buffer Rule also states:
".0233-Existing riparian areas shall be protected and maintained in accordan
ce with Sub-
Items (3)(a)-(e) of this Rule on all sides of surface waters in the Neuse River Basin
V (intermittent streams, perennial streams, lakes, and estuaries) as indicated on the most recent
r versions of United States Geological Survey (USGS) 1:24000 scale (7.5 minute quadrangle
9800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
ey - _ AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 5090' RECYCLED/10% P03T-CONSUMER PAPER
Lomond Lake and as such are subject to the The Neuse River Basin: Nutrient Sensitive Waters
w i Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
., T15A:02B.0233
This rule, states the following:
S 'S
"(f) A corridor for the construction and maintenance of utility lines may run parallel to the
stream and may be located in Zone 2 of the riparian area provided that no practical alternative
exists and they are located at least 30 feet from the top of the bank."
a
7-1
5 L
g ; '
JUL L 41998 ' t'
Page Two WETLANDS GROUP
Mooney NOV Wf,TER UAUTY SECTI®N _
topographic maps or other site specific evidence). This rule applies only to riparian areas
where forest vegetation is established {as described in Sub-Item 3(a)) of this Rule as of July
22, 1997. This Rule does not establish new buffers in riparian areas."
Exceptions to the requirements of this Rule for riparian areas are described in Sub-Items (1)
a-h of this Rule. Maintenance of the riparian areas should be such that, to the maximum extent
possible, sheet flow of surface water is achieved. Any activity that would result in water quality
standard violations or that disrupt the structural or functional integrity of the riparian area are
prohibited.
In addition, the riparian buffer is protected in two separate zones.
"Zone 1 is intended to be undisturbed forest....Zone 1 begins at the upper edge of the active
channel of the water body or the mean high water line and extends landward a distance of
30 feet, measured horizontally on a line perpendicular to the waterbody.. Forest vegetation
of any width that exists in Zone 1 on the effective date of this Rule must be preserved and
maintained in accordance with Sub-Items (I)-(v) of this Item."...
"Zone 2 begins at the outer edge of Zone 1 and extends landward a minimum of 20 feet
as measured horizontally on a line perpendicular to the waterbody: The combined minimum
width of Zones 1 and 2 shall be 50 feet on all sides of the waterbody. Vegetation in Zone
2 shall consist of a dense ground cover composed of herbaceous or woody species which
provides for diffusion and infiltration of runoff and filtering of pollutants.
Within ten (10) days of the receipt of this Notice, this Office now requests that you submit
any pertinent information regarding the dates of planned construction for the Summerwind
Subdivision, when it was platted and recorded, the dates when the sewer line was proposed, accepted
by the Town of Cary, and constructed. The information that you provide will determine if this
Office proceed with a recommendation of enforcement to the Director regarding the possible
violations of the Neuse Buffer Rules.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have additional questions, please do not hesitate to contact us.
Sincerely,
ZA,?,_ ,
K
en Schuster, P.E.
Water Quality Supervisor
cc: RRO/John Dorney
summerpt.nov

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 21, 1998
Mr. Roger Mooney
242 Summerwinds Drive
Cary, N.C. 27511
Dear Mr Mooney:
Subj ect: Neuse River Riparian Buffer Rules
Summer Point Development
Project NBR-RRO 18
Wake County

- On June 10, 1998 this Office sent you a request for information pertinent to the results of a
site visit conducted by Mr. Steve Mitchell of the Raleigh Regional Office. This investigation
Yr :c'
r x occurred on June 3 at the above referenced project. It was determined that the water body present
r
` a adjacent to the Town Domes on the westward side is an intermittent stream and creek forming Loch
3
' Lomond Lake and as such are subject to the Neuse River Buffer Rules (15A NCAC 2B .0233).
This rule, The Neuse River Basin: Nutrient Sensitive Waters Management Strategy;
Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 states
the following:
- r
"(f) A corridor for the construction and maintenance of utility lines may run parallel to the
stream and may be located in Zone 2 of the riparian area provided that no practical alternative
exists and they are located at least 30 feet from the top of the bank."
`s.
- Mr. Mitchell's investigation revealed that a sewer line has been constructed within the
buffered area along Long Branch at the end of a new road in Summerwinds Subdivision. This sewer
, _. line is located within 20 feet of the creek. In addition, the buffer along this line has been removed
,r and a new road has encroached into Zones 1 and 2 at the sewer line. As this new road is being
constructed, the sedimentation control devices have not been adequate or have failed and allowed
the sediment to migrate from up gradient and completely cover a small tributary to Long Branch.

The Neuse Buffer Rule also states:

x ".0233-Existing riparian areas shall be protected and maintained in accordance with Sub-
Items (3)(a)-(e) of this Rule on all sides of surface waters in the Neuse River Basin

` N (intermittent streams perennial streams, lakes, and estuaries) as indicated on the most recent
7
rx ' versions of United States Geological Survey (USGS) 1:24000 scale (7.5 minute quadrangle
topographic maps or other site specific evidence). This rule applies only to riparian areas

3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Page Two
Mooney NOV
where forest vegetation is established {as described in Sub-Item 3(a)} of this Rule as of July
22, 1997. This Rule does not establish new buffers in riparian areas."
Exceptions to the requirements of this Rule for riparian areas are described in Sub-Items (1)
a-h of this Rule. Maintenance of the riparian areas should be such that, to the maximum extent
possible, sheet flow of surface water is achieved. Any activity that would result in water quality
standard violations or that disrupt the structural or functional integrity of the riparian area are
prohibited.
In addition, the riparian buffer is protected in two separate zones.
"Zone 1 is intended to be undisturbed forest....Zone 1 begins at the upper edge of the active
channel of the water body or the mean high water line and extends landward a distance of
30 feet, measured horizontally on a line perpendicular to the waterbody.. Forest vegetation
of any width that exists in Zone 1 on the effective date of this Rule must be preserved and
maintained in accordance with Sub-Items (I)-(v) of this Item."....
"Zone 2 begins at the outer edge of Zone 1 and extends landward a minimum of 20 feet
as measured horizontally on a line perpendicular to the waterbody. The combined minimum
width of Zones 1 and 2 shall be 50 feet on all sides of the waterbody. Vegetation in Zone
2 shall consist of a dense ground cover composed of herbaceous or woody species which
provides for diffusion and infiltration of runoff and filtering of pollutants.
Within ten (10) days of the receipt of this Notice, this Office now requests that you submit
any pertinent information regarding the dates of planned construction for the Summerwind
Subdivision, when it was platted and recorded, the dates when the sewer line was proposed, accepted
by the Town of Cary, and constructed. The information that you provide will determine if this
Office proceed with a recommendation of enforcement to the Director regarding the possible
violations of the Neuse Buffer Rules.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have additional questions, please do not hesitate to contact us.
Sincerely,
Ken Schuster, P.E.
Water Quality Supervisor
cc: RRO/John Dorney
summerpt.nov

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FROM: PHONE \ ^ ' NUMMER OF PAGES
INCLUDING THIS ONE
C0 NME N T S, e LA
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2054 19H AUM FARM RB.
CARP, NC 27511
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FAX-- (919) $52-1511
FROM : MFI U- SUxtS =1L- atG rJ?a _ •. - --- - ---' -- - ' -- - -- .. . -- . --. - .
June 3, 1998
North Carolina DEHNR
3800 Barrett Drive
Suite 101
Raleigh, North Carolina 27609
Attention: Steve Mitchell
The Lochmere Community Small Lakes committee would like to thank you for meeting
today to discuss concerns about past and proposed construction runoff control and
water quality issues at Loch Lomond Lake_
Thank you for your on site inspection of the Summer Point Subdivision site and the
proposed Waverly Office Park development property adjourning Loch Lomond Lake.
In response to your request for information on the history and documentation on the
Summer Point development issues the attached information is provided. Also the land
owner is Mr. Roger Mooney ,242 Summerwinds Drive, Cary, North Carolina 27511.
Steve, thank you again for your time and commitment in educating and assisting our
community in protecting the Loch Lomond Lake environment during and after
upstream development.
Should you have any question or require additional information please call.
im re ly,
as Trave
W. Judy Garrett-NCDEHNR
John Holly-NCDEHNR
Robert Tuker-Town of Cary
Gieen Lang -Town of Cary Councilman
Carroll Petri-Lochmere HOA
Paul Laughton-HRW
rKUM :MHIL- tsu?c? c,_ -- - -_ --- ---- ---- -- - -- -- -- -
Town of Cary
318 N.Academy Street
P.O. Box 8045
Cary, -North Carolina 27512-8005
Attention : Thomas L Horstman C.P.E_S.C.
March 4, 1998
Subject: Discharge and water quality concerns at Loch Lomond Lake
Dear Mr. Horstman,
As members of the Lochmere Community Small Lakes Committee, Larry Stolzenberg
and myself would like to thank. you for. meeting with us today to discuss our concerns
about construction runoff control and water quality issues at Loch Lomond Lake.
As indicated at our site meeting today we are forwarding the photographs taken during
our upstream inspection of February 28, 1998. We trust the pictures and the location
identification will help you in documenting a rather serious non compliance with the
Town of Cary's approved erosion control plan for the Summer Pointe Subdivision.
We were very encouraged to hear from you that last week,prior to our inspection, your
staff h&:l sited the. on site contractor for leaf proper erosion control. We were also
encouraged to know that you had given the on site contractor a Notice of Non -
Compliance today.
Thank you also for your input as to the requirement that the site developer will be
required to install a liner and rip-rap at the effected stream crossing area extending
into the easement area-
Tom, thank you again for your time and assistance in helping our committee in
protecting our valued Lake Lohmond water quality and lake wildlife. Residents in the
Town of'Cary are fortunate to have the-services your staff provides to our community.
Sin ely,
T as- C. Travers
xc: Mr. Robert Tuker Town of Cary
Mr. Paul Laughton - HAW
Mr. John Holly -NCOENR
FKUM ;MH1L. ZuAmJ Cll. NL fJYJ + -+- ----
LOCH LOMOND LAKE ISSUES HISTORY
1998
FEBRUARY 28 NOTICED SEVERE LAKE TURBIDITY
, PHOTOGRAPHED SITE
FEBRUARY 28,1998 NOTIFIED TOWN OF CARY
MARCH 3, 1998 NOTIFIED NCDEHNR VIA PHONE
MARCH 4,1998 MET WITH TOWN OF CARY
SEE ATTACHED LETTER
MARCH 5, 1998 COLLECTED COPY OF TOO FILE
ON SUMMER POINT DEVELOPMENT
MARCH 16, 1998 RECEIVED NEUSE BUFFER RULE
ASSISTANCE FROM DEHNR
JUNE 3, 1998 TOURED SITE WITH DEHNR
June 30, 1998
Mr. James F. Parajon
Development Review Administrator
Town of Cary
P.O. Box 8005
Cary, NC 27512-8005
Dear Mr. Parajon:

The Lochmere Community Small Lakes committee of the homeowners
association has reviewed the plans for the Waverly Office project
which is proposed to be developed just north of the Loch Lomond
Lake in Lochmere.
The committee and the homeowners are not against the concept of
this project, but do have the following concerns related to
environmental protection:
*That the project meets the minimum State of North Carolina
requirements of the Neuse River Basin rules and the Swift
Creek watershed;
*That they must submit a "401 Water Quality Certification" to
the State of North Carolina before the Town of Cary acts on
this project formally;
*Concerned with oil and gasoline run-off into both the lake and
stream, as well as ground pollution, due to the excessive
topography of the site;
*Would like the developer to construct a minimum of four(4)
retention ponds on the site;
*There is no notation of an intermittent stream on the plans,
which has been identified by Steve Mitchell of the North
Carolina DEHNR, who indicated it must be protected;
*Dredging and rip rap work would be needed if they are tapping
into Audubon Parc's sediment basin or holding pond;
*The discharge from the planned basins needs to have rip rap
installed to the buffer areas;
*That the project be shifted more to the northwest toward
New Waverly Place Road in order to lessen the steep
topography;
*Would like to see a true tree buffer on the south side;
*Would like to see a 105' buffer continuously around the entire
property;
*Want to be assured that proper and adequate erosion control
measures are performed and maintained during construction; and
*Due to flooding of several homeowners' properties along the
lake in the past, is the lake discharge adequate to properly
handle the amount of discharge of site run-off?
c/o HRW, inc. • 1183 West Chatham Street • Cary, North Carolina 27513
The committee and homeowners association also have the following
non-environmental issues regarding the project:
*We do not want the topography of the trees sacrificed;
*We do not want any. access trails onto Lochmere property due to
insurance, safety, and security issues. The new office park
project is directly across from the popular Waverly Place
hang-out housing several restaurants and a movie theatre
complex. Loch Lomond Lake is private property belonging to
the approximately 5,000-6,000 residents of Lochmere, and we
agree with the developer of this project that they not be
forced by the Town of Cary to include a walkway to the lake.
We would like to meet with you and other appropriate Town officials
to discuss and clarify our concerns prior to the next Planning and
Zoning Board meeting scheduled for July 20, 1998, and would also
like your input on any other environmental and safety concerns we
may have overlooked.
Thank you for your assistance in this matter, and we look forward
to meeting with you at your earliest convenience. If you should
have any questions, please do not hesitate to contact Paul Laughton
with HRW, inc. at 469-8661.
For the Lochmere Community Small Lakes Committee,
Carol Petrie, President
Lochmere Association
-P'a-4 L azlz?
Paul Laughton, Managing Agent
Lochmere Association
cc: Glen Lang, Town of Cary Councilman
Jack Smith, Town of Cary Councilman
Robert Tucker, Town of Cary
Steve Mitchell, NCDEHNR' -
t
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 16, 1998
_ R
u:. r a Mr. Roger Mooney
242 Summerwinds Drive
JAMas NuNTJiI Cary, N.C. 27511
B.
j?7?00VSRNOR j
'WAYNE MCDaVIh
..:SICRIrTARY C

Subject: Neuse River Basin
Riparian Buffer RL
RALEIGH REGIONAL OFFICE
U r__
y `
3
Summer Point Develb
Project NBR-RRO 18
Wake County
Dear Mr Mooney:
9 806 1 2
In response to a citizen's complaint, Mr. Steve Mitchell of the Raleigh Regional Office
conducted a site visit of the property involved in the above referenced project on June 3, 1998. It
was determined as a result of the site visit that the water body present adjacent to the Town homes
on the westward side is an intermittent stream and creek forming Loch Lomond Lake are subject to
the Neuse River Buffer Rules. A sewer line has been constructed within the buffered area along
Long Branch at the end of a new road in Summerwinds Subdivision.
The rule, Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection
and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 states the
following:
r (f) A corridor for the construction and maintenance of utility lines may run parallel to the
stream and may be located in Zone 2 of the riparian area provided that no practical alternative
F,
r exists and they are located at least 30 feet from the top of the bank."
`a =r' This sewer line is located within 20 feet of the creek. In addition, the buffer along this line
has been removed and a new road has encroached into Zones 1 and 2 at the sewer line. As this new
,..,
road is being constructed, the sedimentation control devices have not been adequate or have failed
and allowed the sediment to migrate from up gradient and completely cover a small tributary to Long
Branch.
The Neuse Buffer Rule also states:
l jf.?TY .,per^y
".0233-Existing riparian areas shall be protected and maintained in accordance with Sub-
Items (3)(a)-(e) of this Rule on all sides of surface waters in the Neuse River Basin
(intermittent streams, perennial streams, lakes, and estuaries) as indicated on the most recent
versions of United States Geological Survey (USGS) 1:24000 scale (7.5 minute quadrangle
topographic maps or other site specific evidence). This rule applies only to riparian areas
where forest vegetation is established {as described in Sub-Item 3(a)} of this Rule as of July
9800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLKWI O (s POST-CONSUMER PAPER

22, 1997. This Rule does not establish new buffers in riparian areas."
Exceptions to the requirements of this Rule for riparian areas are described in Sub-Items (1)
a-h of this Rule. Maintenance of the riparian areas should be such that, to the maximum extent
possible, sheet flow of surface water is achieved. Any activity that would result in water quality
standard violations or that disrupt the structural or functional integrity of the riparian area are
prohibited.
In addition, the riparian buffer is protected in two separate zones.
"Zone 1 is intended to be undisturbed forest....Zone 1 begins at the upper edge. of the active
channel of the water body or the mean high water line and extends landward a distance of
30 feet, measured horizontally on a line perpendicular to the waterbody.. Forest vegetation
of any width that exists in Zone 1 on the effective date of this Rule must be preserved and
maintained in accordance with Sub-Items (I)-(v) of this Item."...
"Zone 2 begins at the outer edge of Zone 1 and extends landward a minimum of 20 feet
as measured horizontally on a line perpendicular to the waterbody. The combined minimum
width of Zones 1 and 2 shall be 50 feet on all sides of the waterbody. Vegetation in Zone
2 shall consist of a dense ground cover composed of herbaceous or woody species which
provides for diffusion and infiltration of runoff and filtering of pollutants.
Please provide this Office with any pertinent information regarding the dates of planned
construction for the Summerwind Subdivision, when it was platted and recorded, the dates when
the sewer line was proposed, accepted by the Town of Cary, and constructed. The information that
you provide will determine what course of action this Office pursues regarding the possible
violations of the Neuse Buffer Rules.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have additional questions, please do not hesitate to contact us!-
Steve Mitchell
Environmental Scientist
cc: RRO/John Dorney `V
summerpt.buf