19981209 Ver 1_COMPLETE FILE_19981209

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE

W CERTIFIED MAIL
UESTED
RETURN RECEIPT RE
DE Q
:
JAMES B. HUNTJR, November 16, 1998

F al
GOVERNOR Mr. Roger Mooney
242 Summerwinds Drive
Cary, N.C. 27511
... WAYNEMCDEV1Tr
-
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Subject: Notice Of Violation
SECRETARY Recommendation for Enforcement
Neuse River Riparian Buffer Rules
Summer Point Development
Project NBR-RRO 18
Wake County
Dear Mr Mooney:
On July 21, 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 on June 3. It was determined that
the water body present is Long Branch, a perennial stream that forms Loch Lomond Lake and, as
such, is subject to The Neuse River Basin: Nutrient Sensitive Waters Management Strategy;
Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233. To
date, no information has been received regarding the construction operations at Summer Point. This
project is referenced by this Office as NBR-RRO 047.
As you are aware, the Neuse Buffer Rules require that riparian areas shall be protected and
maintained on all sides of surface waters in the Neuse River Basin. This buffer must be protected
in two zones. Zone 1 is intended to be undisturbed forest and begins at the upper edge of the active
channel of the water body and extends landward a distance of 30 feet. Forest vegetation of any
width that exists in Zone 1 must be preserved and maintained.
Zone 2 begins at the outer edge of Zone 1 and extends landward 20 feet making 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 a dense ground cover composed of herbaceous or woody species which provides for
diffusion and infiltration of runoff and filtering of pollutants. 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
,p functional integrity of the riparian area are prohibited.
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 and a
new road has encroached into Zones 1 and 2 at the sewer line. As this new road is being constructed,
3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLE D/10% POST-CONSUMER PAPER
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Page Two + 9!
Summer Pt. Enf 4
the sedimentation control devices are not adequate and have allowec
up gradient and completely cover a small tributary to Long Branch.
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 Summerwinds Subdivision,
when it was platted and recorded, the dates when the sewer line was proposed, accepted by the Town
of Cary, and constructed. Without the requested information, this Office will 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 contact Mr. Mitchell or myself at 919-571-4700.
Sincerely,
Ken Schuster, P.E.
Water Quality Supervisor
cc: RRO/John Dorney
nbrlet. for/neuse.buf/summerpt. nov
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