19981196 Ver 1_Other_19990129

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WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
[phone] FAX: [phone] PO Box 550, Raleigh, NC 27602
Chronology of Arbor Green Land Disturbance
1. 11-06-98 - Plan submitted for plan review
2. 11-18-98 Plan approved
3. 11-19-98 Grading permit picked up
4. 12-17-98 Site visit. Construction underway. Contractor asked to install rock dam as per
plans. All other basins in place except one at end of cul-de-sac across from school. Contractor
given 2 days to comply before Notice of Violation sent out. Sewer outfall not cleared yet.
Left word for contractor to call when started due to difficulty of site.
5. 12-19-98 Site visit showed site in compliance excluding sewer outfall.
6. 1-13-99 Site visit showed sewer outfall cleared with no erosion control devices. Met with
Contractor and asked for required devices with in five days or NOV to be sent out. Site Very
wet. Noticed clearing past approved area and encroachments in riparian buffer.
7. 1-14-99 Received call from Danny Smith with DWQ asking information on Arbor Green. I
asked Danny to meet me on site to make sure my asking for additional devices to control
erosion and sediment loss would not put the site in further violation of Neuse riparian buffer
regulations.
8. 1-19-99 1 met Danny Smith at site and discussed site options. Noticed no sediment control
devices on part of sewer outfall not installed as asked for on 1-13-99. We agreed that there
were land disturbing encroachments in the buffer. We further agreed that the major concern
at this time; considering that land disturbance had already occurred, was the quality of the
water. My decision based on that meeting was to have the contractor install multiple erosion
and sediment control devices (some in the perceived riparian buffer).
9. 1-20-99 A Notice of Violation was mailed to The New Fortis Corporation detailing
measures to control erosion and sediment control. Called Craig Lang. Agreed to meet on site.
10. 1-22-99 Site meeting with Craig Lane, Gordie Eure and a soils consultant. Discussed
buffer encroachments, my meeting with Danny Smith, and the sewer outfall. Craig Lang
agreed to install multiple devices to control sediment, but was reluctant to pull basins out of
buffer until buffer clarifications were made by DWQ. Mr. Lang stated that DWQ had not
contacted him yet and seemed very concerned that further sediment would entering stream if
the basins were removed at this time. At my suggestion Mr. Lang agreed to work with Wake
County to stage the basin removals as the site was stabilized reducing the chance for
sediment loss. We also decided to hydro-seed the cleared sewer outfall location, as due to the
wet conditions it would be weeks before sewer installed.
11. 1-27-99 Site visit showed all requested measures in place. Basin at end of cul-de-sac needs
work, but that part of the site was too wet. Agreed with contractor to dig a storage pit in front
of the basin and repair it as wet conditions allowed.
12. 2-17-99 Grass up along sewer outfall. Minimal sediment loss.
13. 3-02-99 I met at site with Craig Lang and Robbie Bell to discussed revised construction
plan to stage removal of sediment control devices out of Neuse riparian buffers..
14. 3-11-99 I reviewed revised plans and with a few modifications they will be approved, but
first I need approval from Town of Garner (Frank Powell) on storm water modifications.
Wake County Environmental Engineer
Jake Taylor
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
- Printed on Recycled Paper -
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Town of Garner
Post Office Box 446 • Garner, North Carolina 27529
Phone [phone] • FAX [phone]
" ?
November 5, 1998
Mr. Lee Squires
Wake County Community Development
6th Floor
Post Office Box 550
Raleigh, North Carolina 27602
Re: Arbor Green Residential Subdivision
Rand Road and NC 50
Dear Mr. Squires:
The Town of Garner Engineering Department has reviewed the construction plans for the
referenced project. Based upon our review, the storm drainage design portion of the plans is in
conformance with the Town of Garner standards and approved site plan. Accordingly, the storm
drainage design of the referenced project is approved.
If you should have any questions concerning this matter, please call.
Sincerely,
Frank H. Powell, Jr., P.E. `
Town Engineer
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WA1 - COUNTY COMMUNITY Sr--IVICES
.44SPECTIONS/DEVELOPMENT PLANS/PERMITS
r WAKE COUNTY OFFICE BUILDING v
RALEIGH, NORTH CAROLINA 27602
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[phone] [phone]
DEVELOPMENT PLANS/PERMITS BUILDING INSPECTIONS
FAX [phone] FAX [phone] r
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INSPECTION RECORD - MASTER INQUIRY WIS014
%ERMIT#= 0991854 STATUS: A APP DATE: 111998 FINALIZED: BY. TYPE C: I
PPLICANT: ARBOR GREEN, PHASE I LIC#: 0 ELEC TICKET#: CP&L
',ERMIT TYPE: LAND BLDG SUED GRAD Y DEED REF: 8141 0246 98 FARM EXEMPT:
-WP: 1S PANTHER BRANCH MAP-PARCEL: 00769 0350 PIN#: 1619.03 32 7735 000
.ITY: ZONING DIST: R12 OWNER: NEW FORTIS CORPORATION TH
;UBD FILE#: S PHASE: SUB NAME: ARBOR GREEN PHA LOT-SEC: 1
>UBD IMPROVEMENT#: 6 PLAT REF: ACRES: 5.77
'ENSUS TR: 529 00 TOPFLR: N MASFIR: N TEMP POLE: N IMPROV VAL: 0
)SE CODE: 600 GRADING PERMIT SQ-FT: 0 STORY: 0 STORY
:XIST USE: ORIG PERMIT#:
''ECPT: 35782 FEE: 2500.00 RECOVERY FUND: N FEE EXEMPT: ROOMS: BATHS:
'.EALTH #: WATER: 'SEWER: PUMP: COC: BY.
BSMT: GARB DISPOSAL: # OF EMPLOYEES: FOOD HANDLING:
MAKE/MODEL SERIAL# UL/HUD# YR SIZE COLOR,
/HOME DATA=
?D/ADJ REQUIRED: DATE:
_OCATION: HWY 50 SOUTH & RAND RD
'OMMENT: HWY 50 SOUTH TO RAND RD
ID-#98-1111-?.:L ACRES DISTURB
BY K. LEMASTER ON 111898
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CASE#: ACTION:
11.5 PLANS APPRV'D
i
PROCESSED BY:
MINIMUM ZONING REQUIREMENTS
THIS PERMIT INCLUDES: YES
ELECTRICAL )
PLUMBING ( )
HEATING/AC C )
PLANS TE)
T AREA SQ. FT. FRONT YARD DEPTH FT
T WIDTH FT. SIDE YARD DEPTH FT
M M ENTS:
CORNER YARD DEPTH FT
REAR YARD DEPTH FT
rHE APPLICANT AGREES TO COMPLY WITH ALL BUILDING REGULATIONS AND OTHER LAWS APPLICABLE TO THE USE OF THE STRUCTURE
4ND FACILITIES REFERRED TO HEREIN. THE PERMIT ISSUED FOR WORK SHALL EXPIRE BY LIMITATION SIX MONTHS AFTER THE DATE OF
SSUANCE IF THE WORK AUTHORIZED HAS NOT BEEN COMMENCED. IF AFTER COMMENCEMENT THE WORK IS DISCONTINUED FOR A PERIOD
DF 12 MONTHS, THE PE IT THEREFORE SHALL IMMEDIATELY EXPIRE. NO WORK AUTHORIZED BY ANY PERMIT THAT HAS EXPIRED SHALL
rHEREFORLt-? 9ERFOW D UNTIL A NEW PERMIT HAS BEEN SECURED.
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4SPECTIONAILL NOT BE SCHEDULED WITHOUT PROVIDING THE PERMIT NUMBER
WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
[phone] FAX: [phone] PO Box 550, Raleigh, NC 27602
CERTIFIED LETTER
RETURN RECIEPT REQUESTED
The New Fortis Corporation
3200 Wake Forest Road
Suite 209
Raleigh N C 27609
RE: Arbor Green
Pin # 1619.03-32-7735
Dear Mr. Randolph Reid,
January 20, 1999
On January 20th , 1999, an inspection was conducted at the above referenced project. It was
noted that erosion control measures are in need of installation and/or maintenance. Therefore, the project
is in violation of Article II, Section 8(5) and 7(8) of the Wake County Erosion and Sedimentation
Control Ordinance.
Section 8(5) states: During construction, the planned soil erosion an sedimentation control
practices and devices shall be employed to restrict sedimentation soil losses from each land-disturbing is
in accordance with plans approved by the Wake County Community Services Department. Such erosion
and sedimentation control measures, structures, and devices shall be so planned, designed, and
constructed as to provide protection from the calculated maximum peak rate of runoff from the ten-year
storm. Runoff rates shall be calculated using the procedures in the USDA-Soil Conservation Service's
"National Engineering Field Manual," or other acceptable calculation procedures.
Section 7(8) states: If through inspections the County determines that significant erosion or
sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of
all protective practices required by the approved soil erosion and sedimentation control plan, the person
conducting the land-disturbing activity will be required by the County Engineer or his authorized
representative to take additional protective action.
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
- Printed on Recycled Paper -
To bring the project back into compliance, the following must be accomplished within five days
of your receipt of this notification:
(1.) Install silt fence along area cleared for sewer outfall as approved plans. Some low areas of
concentrated flow will require small sediment traps. Discuss location with Environmental
Engineer (Jake Taylor).
(2.) Install additional sediment control measures below lots 17and 77 as directed by Jake Taylor.
This will be a combination of silt fence and a sediment trap
(3.) Install gravel construction entrance pad as per approved plans. Both entrances
(4.) Install all diversion ditches as per approved plan, unless discussed and approved with Jake
Taylor.
(5.) The approved plan calls for a sediment pit on the sewer 6utfall at N C 50. Instead install silt
fence outlet. ( Metal post 4' on center with hardware cloth and washed stone). This is part of
the require silt fence in that section and place at the lowest point on the silt fence run.
(6.) When cleaning out a sediment basin all sediment must be hauled above the basin, dried out,
and hauled to a point not to impact sediment control. Several basins were cleaned out with
the sediment place beside the basin. This will allow this sediment to wash directly into
stream and defeat the purpose of the sediment basin. This sediment should be dealt with.
(7.) This item exempt from S day dead line. NC Division of Water Quality will require several
basins to be moved outside the 50' Neuse River Buffer. Please install a basin of equal size
above the existing basin and stabilize old basin area. This include proper removal of
sediment. Please contact Jake Taylor to answer questions about sediment control associated
with any other request by NCDQW to remove or change devices associated with the
approved plan.
Please note that if the allotted Five (5) day deadline is not met, the County may invoke Civil
Penalties against you in the amount of $500.00 per day of continuing violation as specified in Article II,
Section 12(1)(a) of the Ordinance which states:
(a). Any person who violates any of the provisions of this Ordinance, or rules or orders adopted
or issued pursuant to this Ordinance, or who initiates or continues a land-disturbing activity for which an
erosion control plan is required except in accordance with the terms, conditions, and provisions of an
approved plan, shall be subject to a civil penalty of not more than $500 which shall be assessed by the
County Engineer. No penalty shall be assessed until the person alleged to be in violation has been
notified of the violation by registered certified mail, return receipt requested, or other means reasonable
calculated to give actual notice. Evidence that the postal service has attempted to deliver the notice of
violation by certified mail to the agent listed on the financial responsibility statement shall be deemed
adequate notice. The notice shall describe the violation with reasonable particularity, may specify a
reasonable amount time period within which the violation must be corrected, and warn that failure to
correct the violation within the time period will result in the assessment of a civil penalty or other
enforcement action. Each day of continuing violation shall constitute a separate violation.
When you have taken appropriate measures to insure that this violation has been corrected, contact
our Division so that we may reinspect your project. This Division stands ready to cooperate with you in
any way we can. Your prompt attention and cooperation in this matter will be greatly appreciated. If
you have any questions, please call me at 856-7548.
cc: Scott Warren, Asst. County Attorney
Richard K. Rowe, Environmental Health Director
Ken Cromartie, S & E Program Coordinator
Judy Garrett, Division of Water Quality
File
Sinc e ,
Jake T for
Envi nmental Engineer/Planner
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
February 5, 1999
Certified Mail
Return Receint Recrueste
Arbor Green Associates
attn: B. Kenneth Martin
P.O.Box 40068
Raleigh, NC 27629
Subject: Notice of violation/Notice of Enforcement
Recommendation
Neuse River Buffer Rules
Wetland/401 Certification
NPDES NCGO10000
NBRRO-99-030
Wake County
Dear Mr. Martin:
In response to a citizen's complaint Mr. Danny Smith from the Raleigh Regional
Office conducted a site visit of the subject project on January 14, 1999. It was
determined that certain features present on the Arbor Green Tract are streams and
therefore are subject to both the Neuse Buffer Rules and 401 Certification requirements.
(It should be noted that stream origin determinations
had been confirmed by DWQ staff for the project know as Arbor Green).
Mr. Smith observed that at several locations the riparian zone, the forested areas
adjacent to streams, had been impacted. That is, the forested vegetation had been
cleared and/or the landscape graded. This is a violation of the Neuse River Basin:
Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative Code T15A:02B.0233 which states the
following:
".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 22, 1997. This Rule does not establish new buffers in
riparian areas."
3800 BARRETT DRIVE. SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POST-CONSUMER PAPER
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.
The Riparian Buffer issue aside, impacts to wetlands have occurred with out the receipt
of a 401 Wetland Certification. Also, it was observed that activities had resulted in the clearing
of portions of a stream side area for a sewer line. This violates the General Certification
condition for a NW 12 (utilities). The above mentioned wetland impacts and any future General
Certification Condition transgressions are violations of Section 401 of the Clean Water Act.
Also, this and/or additional violations can result in civil penalties or other legal actions. The
Central Office Wetland/401 Certification Group will detail this matter further in other
correspondence.
General Storm Water Permit NCGO10000
Mr. Smith observed that the subject site was in violation of General Stormwater Permit
NCGO10000. That is, with the approval of Erosion and Sedimentation Control Plans for projects
that disturb five or more acres, the sites are covered under the General Stormwater NPDES
Permit (NCG010000). This permit covers the associated Stormwater discharges from
construction activities. Further, this General Storm water permit is administered by the Division
of Water Quality. It should be noted that you are responsible for complying with the General
Permit requirements and are subject to enforcement by DWQ for any violation of the General
Permit.
A review of the General Permit (NCGO10000) conditions revealed that the subject site is
in violation of the following:
Part I, Section A: 2. The Permittee shall implement the plan (Sedimentation and Erosion
Control Plan), which has been approved by the approval authority. The approved plan is
considered a requirement of a condition of this general permit. Deviation from the approved plan,
or approved amendment to the plan, shall constitute a violation of the terms and conditions of
this general permit except that deviation from the approved plan will be allowed to correct an
emergency situation where sediments are being discharged off the site (even though the approved
plan is in effect). Such a deviation from the approved plan shall be noted on the approved plan
maintained at the job site. A signed copy of the approved plan shall be maintained on the site at
all times.
Part 11 Section E: Reporting Requirements

2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
Permitted facility or activity which may result in noncompliance with the general permit
requirements.
Within ten (10) days of the receipt of this correspondence please provide this Office with
information detailing how you propose to achieve compliance with the Neuse Buffer Rule. In
addition please specifically address why activities occurred in wetlands prior to receipt of a 401
Certification and how you propose to achieve compliance with the wetland issues. Also, please
explain why impacts to buffers occurred, despite the DWQ conducting site visits to confirm
stream origin locations and associated buffer protection. In addition, please explain why the
installation of the sewer line violated General Certification Conditions for NW 12.
This Office has discussed the Arbor Green site with Wake County Environmental
Services. It was explained that the Arbor Green Site was not in compliance with its approved
sedimentation and erosion control plan. Specifically, please detail why no sedimentation control
structure were installed for approximately two weeks after land disturbing activities occurred for
sewer line corridor. In addition, please provide this Office a copy of your approved
sedimentation and erosion control plan, any correspondence that demonstrates your
Sedimentation and Erosion Control Plan approval, a copy of your general stormwater permit
issued to you by Wake County, a discussion of your compliance status with the General
Stormwater Permit, and any other pertinent information that you feel warrants review by this
office.
This information will help this Office to determine the appropriate recommendation of
any action including possible civil penalty recommendation to the Director regarding the
violations of the Neuse Buffer Rules, 401 Certification, NPDES stormwater permit, and possible
future stream standard violations, that may occur.
Thank you for your attention to this matter. If this Office can be of any assistance or if
you have additional questions please call Danny Smith at [phone].
Sincerely
Kenneth Schuster
Regional Water Quality Supervisor
h:\neubuff\arborgre
cc: RRO-File Copy
Wetland/401 Certification Group -John Dorney
Corp of Engineers -Raleigh Field Office - Mr. Todd Tugwell
Wake County-Environmental Services - Mr. Jack Taylor
RRO -DLR/John Holley
Soil and Environmental Consultants
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WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
[phone] FAX: [phone] PO Box 550, Raleigh, NC 27602
Chronoloev of Arbor Green Land Disturbance
1. 11-06-98 Plan submitted for plan review
2. 11-18-98 Plan approved
3. 11-19-98 Grading permit picked up
4. 12-17-98 Site visit. Construction underway. Contractor asked to install rock dam as per
plans. All other basins in place except one at end of cul-de-sac across from school. Contractor
given 2 days to comply before Notice of Violation sent out. Sewer outfall not cleared yet.
Left word for contractor to call when started due to difficulty of site.
5. 12-19-98 Site visit showed site in compliance excluding sewer outfall.
6. 1-13-99 Site visit showed sewer outfall cleared with no erosion control devices. Met with
Contractor and asked for required devices with in five days or NOV to be sent out. Site Very
wet. Noticed clearing past approved area and encroachments in riparian buffer.
7. 1-14-99 Received call from Danny Smith with DWQ asking information on Arbor Green. I
asked Danny to meet me on site to make sure my asking for additional devices to control
erosion and sediment loss would not put the site in further violation of Neuse riparian buffer
regulations.
8. 1-19-99 I met Danny Smith at site and discussed site options. Noticed no sediment control
devices on part of sewer outfall not installed as asked for on 1-13-99. We agreed that there
were land disturbing encroachments in the buffer. We further agreed that the major concern
at this time; considering that land disturbance had already occurred, was the quality of the
water. My decision based on that meeting was to have the contractor install multiple erosion
and sediment control devices (some in the perceived riparian buffer).
9. 1-20-99 A Notice of Violation was mailed to The New Fortis Corporation detailing
measures to control erosion and sediment control. Called Craig Lang. Agreed to meet on site.
10. 1-22-99 Site meeting with Craig Lane, Gordie Eure and a soils consultant. Discussed
buffer encroachments, my meeting with Danny Smith, and the sewer outfall. Craig Lang
agreed to install multiple devices to control sediment, but was reluctant to pull basins out of
buffer until buffer clarifications were made by DWQ. Mr. Lang stated that DWQ had not
contacted him yet and seemed very concerned that further sediment would entering stream if
the basins were removed at this time. At my suggestion Mr. Lang agreed to work with Wake
County to stage the basin removals as the site was stabilized reducing the chance for
sediment loss. We also decided to hydro-seed the cleared sewer outfall location, as due to the
wet conditions it would be weeks before sewer installed.
11. 1-27-99 Site visit showed all requested measures in place. Basin at end of cul-de-sac needs
work, but that part of the site was too wet. Agreed with contractor to dig a storage pit in front
of the basin and repair it as wet conditions allowed.
12. 2-17-99 Grass up along sewer outfall. Minimal sediment loss.
13. 3-02-99 I met at site with Craig Lang and Robbie Bell to discussed revised construction
plan to stage removal of sediment control devices out of Neuse riparian buffers..
14. 3-11-99 I reviewed revised plans and with a few modifications they will be approved, but
first I need approval from Town of Garner (Frank Powell) on storm water modifications.
Wake County Environmental Engineer
Jake Taylor
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
- Printed on Recycled Paper -
WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
[phone] FAX: [phone] PO Box 550, Raleigh, NC 27602
Chronology of Arbor Green Land Disturbance
1. 11-06-98 Plan submitted for plan review
2. 11-18-98 Plan approved
3. 11-19-98 Grading permit picked up
4. 12-17-98 Site visit. Construction underway. Contractor asked to install rock dam as per
plans. All other basins in place except one at end of cul-de-sac across from school. Contractor
given 2 days to comply before Notice of Violation sent out. Sewer outfall not cleared yet.
Left word for contractor to call when started due to difficulty of site.
5. 12-19-98 Site visit showed site in compliance excluding sewer outfall.
6. 1-13-99 Site visit showed sewer outfall cleared with no erosion control devices. Met with
Contractor and asked for required devices with in five days or NOV to be sent out. Site Very
wet. Noticed clearing past approved area and encroachments in riparian buffer.
7. 1-14-99 Received call from Danny Smith with DWQ asking information on Arbor Green. I
asked Danny to meet me on site to make sure my asking for additional devices to control
erosion and sediment loss would not put the site in further violation of Neuse riparian buffer
regulations.
8. 1-19-99 I met Danny Smith at site and discussed site options. Noticed no sediment control
devices on part of sewer outfall not installed as asked for on 1-13-99. We agreed that there
were land disturbing encroachments in the buffer. We further agreed that the major concern
at this time; considering that land disturbance had already occurred, was the quality of the
water. My decision based on that meeting was to have the contractor install multiple erosion
and sediment control devices (some in the perceived riparian buffer).
9. 1-20-99 A Notice of Violation was mailed to The New Fortis Corporation detailing
measures to control erosion and sediment control. Called Craig Lang. Agreed to meet on site.
10. 1-22-99 Site meeting with Craig Lane, Gordie Eure and a soils consultant. Discussed
buffer encroachments, my meeting with Danny Smith, and the sewer outfall. Craig Lang
agreed to install multiple devices to control sediment, but was reluctant to pull basins out of
buffer until buffer clarifications were made by DWQ. Mr. Lang stated that DWQ had not
contacted him yet and seemed very concerned that further sediment would entering stream if
the basins were removed at this time. At my suggestion Mr. Lang agreed to work with Wake
County to stage the basin removals as the site was stabilized reducing the chance for
sediment loss. We also decided to hydro-seed the cleared sewer outfall location, as due to the
wet conditions it would be weeks before sewer installed.
11. 1-27-99 Site visit showed all requested measures in place. Basin at end of cul-de-sac needs
work, but that part of the site was too wet. Agreed with contractor to dig a storage pit in front
of the basin and repair it as wet conditions allowed.
12. 2-17-99 Grass up along sewer outfall. Minimal sediment loss.
13. 3-02-99 I met at site with Craig Lang and Robbie Bell to discussed revised construction
plan to stage removal of sediment control devices out of Neuse riparian buffers..
14. 3-11-99 I reviewed revised plans and with a few modifications they will be approved, but
first I need approval from Town of Garner (Frank Powell) on storm water modifications.
Wake County Environmental Engineer
Jake Taylor
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
- Printed on Recycled Paper-
Eric Reek
From: [e-mail]
Sent: Friday, February 26, 1999 7:19 PM
To: [e-mail]
Subject: Arbor Green N.O.V.
I have received the N.O.V. for the Arbor Green Community (NCDWQ # 981196). In
the notice you request that all unauthorized fill be removed. Does this mean
that you would like the client to remove the existing road crossing? This
would be a large and expensive undertaking. We believe that the crossing is
permitable under NW14 (or 26) as well as the Neuse Buffer Regulations. The
crossing is required to gain access to the site. If necessary the client most
likely would much rather modify the existing crossing to comply than remove it
entirely. I look forward to your response.
FYI. The client is currently working on the SEC plan to remove the sediment
basins from the buffers.
I'm going to leave a message on your voice mail. Please disregard this if
I've already spoken with you.
Thank you for your time.
Sincerely,
Bob Zarzecki
I`,i4-t'
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
February 22, 1999
S&EC, Inc. Project # 97-3071
N.C. Division of Water Quality - Wetlands Group
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
919-733-1786 (office)
Re: Response to your `Notice of Violation/Notice of Enforcement Recommendation Letter,
Neuse River Buffer Rules, Wetland/401 Certification' letter dated 2/5/99,
NPDES NCGO10000 / NBRRO-99-030,
Arbor Green Subdivision, Wake County, NC
Dear Mr. Dorney:
The owners of the Arbor Green Community would like to schedule a meeting with yourself and Mr.
Danny Smith and other regulatory parties involved to discuss how best to address the concerns stated
within Mr. Schuster's letter dated 215/99. We have been in direct contact with Mr. Smith regarding these
issues from the initial violation site review. We have been attempting to schedule this meeting for a week
now. Mr. Smith has advised us to contact you regarding the schedule date of this meeting. Please contact
S&EC, Inc. as soon as possible to schedule a date and time to conduct this meeting. We would prefer that
this meeting be conducted the week of March l'` to 5`h.
Please call either myself or Mr. Kevin Martin of S&EC, Inc. at 846-5900.
Sincerely,
Zarzedd,
Biologist
Cc: Craig Lang / FORTIS Home Corporation
Danny Smith / DWQ - Raleigh
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
y
FEB 10 '99 05: 47PM - P . 1
RALEIGH X800 Barrett Drive, Suite 101
Raleigh, NC 2760-9
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If you do not receive gg pages, please contact sander at 919/571-4740,
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SUBJSGT:
DATE: _

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FEB 10 '99 05:47PM P. 2.,
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February 7, 1999

Mx. Kenneth Schuster, Regional Supervisor
North. Carolina Dept. of Environmental and Natural Resources
3800 Barrett Drive, Suite 101.
Raleigh, NC 27,609
Re: Notice of Violation / Notice of Enforcement land previously owned by
Arbor Greene Associates, .Attention: B. Kenneth Martin.
Dear Mr. Schuster,
in response to your Certified Letter Dated February 5, 1999, l offer
the following response:
On September 4, 1998, Arbor Green Associates sold 24 acres of our
land to the New Fortis Corporation to be developed by then into single
family building lots. Arbor Greene Associates no longer has an ownership
interest in this tract of land now under construction. Please review attached
Boundary Map showing 24 (twenty-four) acres outlined in pink.
I have forwarded your letter to: bc?
Mr. Randolph Reid, President fe,/- 07
The Now Fortis Corporation M I G
3200 Wake Forest Road ?- 'e?'Otq L?-w©
Raleigh, NC 27609
Phone: [phone]. roe C?
They will call your office as soon as possible with an apprvbriate
response to your concerns. ire cc/?
w?? 5
can be of any further assistance, please feel free to con eac=lt C' ? a
If ? ?
your convenience.
Sincer ,
B. ennetlh MPartner: Arbor Greene Associates
7
enclosure

PRE--DI0C13AnG3E NOTIFICATION PCN
TO: National Marine Fisheries Service
Pivers Island, NC FAX (915)?28-8796
US Fish & Wildlife Service
Raleigh, NC FAX (9:19) 0) 6-4556
State Historic Preservation Office
Raleigh, NC GA?! (?z173a-9,53
NC Division of Water Quality
Raleigh, NC FAQ{ (910733-9853
NC Wildlife Resources Commission
Creedmoor, NC FAX (?? 4) Kaa-ng3a
1. ACTION ID: 199920246/199920247/199920248
2. APPLICANT: Sunset ForeSt, LLC/Arbor Greene SU?di.visi on
3. DATE OF TRANSMITTAL: 12/14/98
4. RESPONSE DEADLINE (5 days; from transmittal) : 1 ?
5. COMMENT DEADLINE(10 days from response dead.l'ne): 12/2$/9 /
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD 0
RALEIGH, NC
AT TN : Todd Tugwell
FAX: (919)9'76-5923
We are also forwarding the attached PCN to the Fish and Wildlife
Service and the National Marine Fisheries Service for review and
comment concerning any likely aftect to any threatened or'
endangered species or Lheir criLicdl habitat within those
agencies, jurisdiction.
i0'd 017:0T 8661'11'61 6d0iU1n938 H9131UN WDdJ
DWQ ID; Corps Action ID: _ I q q
l a'?Ll(p11C! ?l l ?'??? 1go`1 ?XJ,
Nationwide Permit Ketluested (Provide Nationwide Perinit #); 12, 14 & 26
Px t-Cunbti udiun Notification Application
for Nationwide Permits that Require:
1) Notification to the Corps of EnSilreers
2) Application for Section 401 Certification
3) Coordination with the, NC Division of Coastal Management
Send fire original and (1) copy ofthiscom f leted form to the appropriate field office of the Corps of
Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC Division of
Environmental Management (sec agency addresses shecL). PLEASE PRINT,
Owner's Nance: Sunset Forest, LLC
2. Mailing Address: Arbor ',3r ee ne AssociateS, sii! l?hll!7Gtil Mal"Oil
Subdivision Nance: 1%?fA
City: Holly sprin(?s State: Iv(,:; Zip Code: 27629
Project location address, including; subdivision narne (if different from mailing address above):
The tat"of;Pr ly i:; I{1t?."- tE','f1 on 11'1(,' sol lh side of f'-"'8 (fiarid R{.7c:3d capproxi"nal 11V 2 j010 te.eet
west of Vie illlal'Src,licm (:)f 5R ?. 28 i:ind NC 50, :^r.li?lil (.4 "'jZa (er, ?!v%:t{=? t,r.l?i!}ter T:}r? to ? ;:r(7llEl?
(see, attar hed site V:Cin&v rflal.'
3) Telephone Nuinber (Home): NIA
('Work): 7141-X33..1 ??n
4) If applicable, agent's name or responsible corporate official, address, phone number:
Soli & EnVi(Or3rT1t9'lTcil COllst.iitdrlts, Inc. Ph(.,ne. [phone]
244 VV. MillbrooK'oad
Raleigh. NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial photograph
with soale):
County: Wake Nearest town or city: Garner
Specific Location (include road numbers, landmarks, etc.); The property is located on the south
side of SR 2728 (Rand Road), approximately .,500 feet west of the. intersection of ,,R
2728 and N(? 50, sc tth of Garner, Wake (o nly, North Carolina (see sttacNi d slto
Vicinity 111ap).
6. Impacted orncarest stroam/river: -nL)o oitt., is ,ail'jni on: to an unnamed tribwtafy of ;swift. ("'ngek.
River Basin: NOLlse River Basir1
Zo'd 00:61 86411rr'zi h2101H1n93b HSI31UN W08J
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW),
outstanding resource waters (OKW), water supply (WS-1 or WS-11)? YES ( ) NO (X)
ifyes, explain:
c,n? 'he- I`.: List". 'S tol.;Otiraphic t?tricir ttnlt: uxists aionq tht- southern property
i ) Cfl FTl!)3 k.;C t'.c-, .arylEM(;,Sfk 'W.,;7k: tCle
(°l;lf1(;??a f';l. The St_'fv?If:Sfi of 4?`:V:jr •... f' . . ! (S:\Nlii' C'.:);..} GUC• G: W
IirT.E?f.; :y$ .t?4 ?.`,:?'?t_ry 'r', i,•J
7b, Is the project located within a North Carol ria division of coastal management area of environmental
conceni (AEC)? YES ( ) NO (X)
7c. If the project, is located within a coastal county (see page 7 for list of coastal counties), what is the
land use plan (LUP) designation? 1,11 -A
go, llAVe Any Section 404 permits bc?u pi4viuusly r?yuestCcl fur u?c vu tlua I?AOpGrty4 YES ( )
NO (X) if y3s, provide Action ILA number of previous permit and any additional information
(uIcludiigphotocopy of401 ceitif~ication).
$b. Are additional permit requi;sts expected for this property in the future?
YES ( ) NO (X) If yes, describe anticipated work:
9a_ Estimated total number of acres in tract of land: •!- I OD
9b. Estimawd total number or acres of wetlands locatial on project site: +-•:;i
10i. Number of acres ofwc--04inds impacted by tho proposed project by:
Filling:
Excavation:
Floodnag:
Urablage:
Other:
7"ota1 acres to W impacted:
Pr%wsed Impacts
0.108 (NW14)
0.197 (NW26)
0.199 (NW12)
0.503 ('Totall
1 Ob. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both
before and after relocation):
Length before; 95' (sig. NW14); 20' (sig. NW12); 20' (not sig. NW12)=135' (Total)
After: + 125 ft.
Width Before (based on normal hig)t water colxtotirs): 5 ft. Width After: n/a
Average depth before: 2 fit. After: nea
(2) Stream chajuiel irnpads will Icsult fiu:li: (oli%X;k all that apply)
Open channel relocation; NIA [placement of pipe in channel: r
Channel Excavation- N/A Construction of a Darn/Flooding: NIA
Wier: N/A
£@'d I0:6I 866I'II'TI AdClb-IA938 HSI31dN W08A
H. if construction of a pond is proposed, what is the size of the watershed draining; to the pond? N/A
What is the expected poled surface area? MIA
12, Description of proposed work tiellldulg discussion of type of mechanical equipment to Oo used
(attach plans 8 1/2-x 11" drawings onlyj:
The proposed work includes impacts to wetlands and waters for the purpose of
constructing a residential subdMsion, Nationwide Permit 12 will be used for the
installation of a sanitary sewer line, Nationwide (permit 14 will be used for the
installation of a required access road (includes the road bed and fill from side
slopes), and Nationwide Pennit 26 will be used for lot fill,
131, Purpose of pruposed wink:
See Question Number 12.
14. State reasons why it is believed that this activity must be carried out in wetlands (include
any measures taken to minimize wetland impacts):
l',r.' `Jv v i7pii.i ar ;':Jd.t'i'S 1llpacis USt$'i'i I.IcliiEir N'i have ??'+:.=.i i;i''sI1'llc_ i i:sit;
•, •?• tca 5 > 1 r ftr ?Ga ': n , +• :Z•
lt f>rirad:tit;?l'iaie arld are rec,uirv;i :? cc?r,r,-..c t .o 'a ? „r,€,?,? ,.1r,;;rr;'r' r
T'111? M fill 1111[)e1CL8 (WV V201 %141:' reLldllied (br the dC)11Stil•iCtIC)1'1 Of tJYU
.11 it'fis [.wrl;iv 11c.ii-fvz' IGC:. (Tile Illltl ? pkill ha'S c11!"ti o<iy foet ac:1.1{ ! { I1Cal?i . !C?i;' {ll? to
1 as,. n' n .. r c. r
i:1.- _:itJ TCSC;r .?L1 if r" rt-qul?ed k.liulrr .<« Nlr- si<., ;1.ivcr 9asin ru:co.i i'i- i'_J:= crossing
iljlf)i?(,ic. fl'ti':l?r ;`•11 wt. re(,Wi1'0d fUr th(.! of a ((dad to piOvIdl 10 lne
15. You are required to contact the US, Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed
or proposed for listing; endangered or threatened species or critical habitat in the permit area that may
be affected by the proposed project. Date contacted: (attach responses from these agencies).
N/A (to be completed by the Corp.-,)
16. You are required to contact the state historic preservation officer (SHPO) (sw agency address sheet)
regarding tHc presence of historic propcrtius in the permit area which may be affected by the
proposed project. Date contacted,
N/A (to be completed by the Corps)
17, Does the pl"ojcc:t iclvolVo W1 GXpelldituic of public fluids or the USG of public (state) 1wid?
"YES ( ) NO (x) If no, go to 18.
a, If yes, does the project require preparation of an environmental document pursuant to the
requirements of the North Carolina Environmental Policy Act?
YES ( ) N6 ( )
tied 10:01 8661.11 •U1 AS01UU93N HI31UN Woad

b, If yes, has time document been reviewed tltrougim time North Carolina Department of
Administration State Clearinghouse?
YES ( ) NO ( )
1f aus%%vi- s to 171) is Y1: S, then sutmil xippropriale cloc.nnwntntion ffoln the data clr,rias?lsvusc to division of
cnviroluncntal rst uttRrtlttxtl regarding cu11t111iauw with the Rath Caruli t a Envirounmcutt-4 Policy Act.
Qtec:stiono ra?!arding the 5tvtc CIC911 il%1100ak; t+ivie,sv jnuLCS,) shvald 6e ditexted W M.S. Clubs 1luggett, Director State
Clearinghouse. NorthC:itrolina Ucpamiient oi'Adnsittistration, 116 West Jones glrcr_l, Raleigh, North C:arolinr 2760.1-
80D3, telephone [phone].
18. The following items should be included with this application if proposed activity involves the
discharge of excavated or till ttlaterial into wetlands:
a. Wetland delineation snap showing all wetlands, streams, lakes and ponds on the property (for
Nationwide Permit numbers 14'18, 21, 26, 29 and 38). All streams (intermittent and
pernnanert) on the property must be show u un dmc reap. Map scales should W l inch equals 30
feet or I inch equals 100 feet or their equivalent.
b_ If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement
of the delineation line.
d. Attach a copy of the stornmwater managetment plait, if required,
e. What is land used of surrounding property? ti tIbUrban & Fd:.<«,I F esidC-o ill
f. if applicable, what is proposed method rf sewage disposal? Sanitary Sewer
g. SitmiW and dated agent authorization letter, if applicable,
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to;
I . Issuance of a Section 404 Corps of Eneiraeers Permit,
I Either the issuance or waiver of a 401 Division of Environmental Management (Water
Quality) certification, and
3. (in the twenty coastal counties only) A letter from die North Carolina 'Division of Coastal
Management stating the proposed activity is consistent with the North Carolina Coastal
Management program.
.r ,. lg el
gent s ui' iatur Date , ... w
(Agent's signature valid only if Agtnt A,udion2ation Letter from the owner is provided (19 g))
S0'd 10:01 8661'11' 1 A401UTA638 H9131U8 W021d
(Division of Water Quality
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PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
February 5, 1999

JAMES B HUNT JN}
x 'GOVERNOR

- WAYNEMcDE,Vrttr
SECRETARY C.
ii

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.yea,-,«. w-A&*m^??

fri.

Arbor Green Associates
attn: B. Kenneth Martin
P.O.Box 40068
Raleigh, NC 27629
Subject: Notice of Violation/Notice of Enforcement
Recommendation
Neuse River Buffer Rules
Wetland/401 Certification
NPDES NCG010000
NBRRO-99-030
Wake County
Dear Mr. Martin:
In response to a citizen's complaint Mr. from the Raleigh Regional
Office conducted a site visit of the subject project on January 14, 1999. It was
determined that certain features present on the Arbor Green Tract are streams and
therefore are subject to both the Neuse Buffer Rules and 401 Certification requirements.
(Itr-sh?tld-?e-?*„?t?at stream Origin?z?,..?.; ?+;
-o
had-beerrconfrnecfibyDWQ sta#fozthe pr ow s°Aer-Frrere
Mr. Smith observed that at several locations the riparian zone, the forested areas
adjacent to streams, had been impacted. That is, the forested vegetation had been
cleared and/or the landscape graded. This is a violation of the Neuse River Basin:
Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative Code T I 5A:02B.0233 which states the
following:
".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 22, 1997. This Rule does not establish new buffers in
riparian areas."
8800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

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.
The Riparian Buffer issue aside, impacts to wetlands have occurred with out the receipt
of a 401 Wetland Certification. Also, it was observed that activities had resulted in the clearing
of portions of a stream side area for a sewer line. This violates the General Certification
condition for a NW 12 (utilities). The above mentioned wetland impacts and any future General
Certification Condition transgressions are violations of Section 401 of the Clean Water Act.
Also, this and/or additional violations can result in civil penalties or other legal actions. The
Central Office Wetland/401 Certification Group will detail this matter further in other
correspondence.
General Storm Water Peri llt NCGO10000
Mr. Smith observed that the subject site was in violation of General Stormwater Permit
NCGO10000. That is, with the approval of Erosion and Sedimentation Control Plans for projects
that disturb five or more acres, the 'sites are covered under the General Stormwater NPDES
Permit (NCGO10000). This permit covers the associated Stormwater discharges from
construction activities. Further, this General Storm water permit is administered by the Division
of Water Quality. It should be noted.that-.you are responsible for complying with the General
Permit requirements and are subject to enforcement by DWQ for any violation of the General
Permit.
A review of the General Permit (NCGO10000) conditions revealed that the subject site is
in violation of the following:
Part I, Section A: 2. The Permittee shalt' mple nt the plan (Sedimentation and Erosion
Control Plan), which has been approved by the approva 'authority. The approved plan is
considered a requirement of a condition of this gefiero permit. Deviation from the approved plan,
or approved amendment to the plan, shall constitut44' violation of the terms and conditions of
this general permit except that deviation from the Approved plan will be allowed to correct an
emergency situation where sediments are being discharged off the site (even though the approved
plan is in effect). Such a deviation from the approved plan shall be noted on the approved plan
maintained at the job site. A signed copy of the approved plan shall be maintained on the site at
all times.
Part II Section E: Reporting Requirements
2. Anticipated N
The permittee shall
Permitted facility of
requirements.
" ? EW
once notice to the Director of any p1az?Y°a ? .::A:s.e4...,.
which may result in noncompliance with the general permit
2?*e_1 V5
Within ten ays of the receipt of this correspondence please provide this Office with
information detailing how you propose to achieve compliance with the Neuse Buffer Rule. In
addition please specifically address why activities occurred in wetlands prior to receipt of a 401
Certification and how you propose to achieve compliance with the wetland issues. Also, please
explain why impacts to buffers occurred, despite the DWQ conducting site visits to confirm
stream origin locations and associated buffer protection. In addition, please explain why the
installation of the sewer line violated General Certification Conditions for NW 12.
This Office has discussed the Arbor Green site with Wake County Environmental
Services. It was explained that the Arbor Green Site was not in compliance with its approved
sedimentation and erosion control plan. Specifically, please detail why no sedimentation control
structure were installed for approximately two weeks after land disturbing activities occurred for
sewer line corridor. In addition, please provide this Office a copy of your approved
sedimentation and erosion control plan, any correspondence that demonstrates your
Sedimentation and Erosion Control Plan approval, a copy of your general stormwater permit
issued to you by Wake County, a discussion of your compliance status with the General
Stormwater Permit, and any other pertinent information that you feel warrants review by this
office.
This information will help this Office to determine the appropriate recommendation of
any action including possible civil penalty recommendation to the Director regarding the
violations of the Neuse Buffer Rules, 401 Certification, NPDES stormwater permit, and possible
future stream standard violations, that may occur.
Thank you for your attention to this matter. If this Office can be of any assistance or if
you have additional questions please call Danny Smith at [phone].
Sincerely
Kenneth chuster
Regional Water Quality Supervisor
hAneubufflarborgre
cc: RRO-File Copy
Wetland/401 Certification Group -John Dorney
Corp of Engineers -Raleigh Field Office - Mr. Todd Tugwell
Wake County-Environmental Services - Mr. Jack Taylor
RRO -DLR/John Holley
Soil and Environmental Consultants
Post-i4E Fax Note 7671 Date I IZ0I06 paoges?
T? ?i w? 7 it 1??r From ?ob 2arceC?
Cb./Dept. Co.?Q
Phone #(,I(p Phone #qtq-333-gr'+Zlc
Fax # Fax #
MCDENR
DIVISION OF WATER QUALITY
January 20, 2000
Memorandum To: Bob Zarzecki
From: Todd St. John
Subject: Carl Moraven Variance Request
Orange County
I have reviewed the stormwater management plans for the subject site. The
applicant has proposed the use of bioretention areas to treat stormwater. The proposed
bioretention areas appear to be adequately sized. As such, enough space has been set
aside to provide adequately sized stormwater BMPs. In order to approve the plans I will
need additional information:
1) Details for the by-pass structures.
2) Soil properties of the soils used in the bioretention areas.
3) The drainage pattern for the front of the building.
Additionally, the water table should be six feet below the surface of the bioretention
area. The bioretention area at the southern end of the property may have a water table of
approximately four feet. However, due to the presence of the adjacent stream the
groundwater should consistently drain toward the stream.
Finally, the application may contain an error. The final nitrogen loading rate from the
drainage basin should be the same as the final nitrogen loading rate of 4.35 lbs per year.

P. 01
TRANSACTION REPORT
JAN-20-2000 THU 09:38 AM

K DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP :K

:K JAN-20 09:38 AM 919197326676 44" 1 SEND OK 209

TOTAL : 44S PAGES: 1 :K

Post-ir Fax Note 7671 Dare 2616.) A,9es? I
To - ? 17.r r From RA, ZorzCGL;
Co./Dept. Co, t"Cw
Phono Girl X32- (?'t(r

- Phone # GtC!• x3
3
P
11
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FAx l{
w
Y?
NCDENR
DIVISION OF WATER QUALITY
January 20, 2000
Memorandum To: ]Bob Zarzecki
From: Todd St. John
Subject: Carl Moraven Variance Request
Orange County
I have reviewed the stormwater management plans for the subject site. The
applicant has proposed the use of bioretention areas to treat stormwater. The proposed
bioretention areas appear to be adequately sized. As such, enough space has been set
aside to provide adequately sized stormwater BMPs. In order to approve the plans I will
need additional information:
,/'9I\V V •.•
John Dorney
Non-Discharge Branch
Regional Contact:
WO Supervisor:
Date:
OBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Arbor Greene SD County Wake.
roject Number 98 1196 County2
Recvd From APP Region Raleigh
Received Date 12/8/98 Recvd By Region
Project Type subdivision
ertificates Stream
:
armit Wetland Wetland Wetland Stream Class Acres Feet
"ype Type Impact Score Index Prim. Supp. Basin Req. Req.
12 F-- O Y O N I 27-43-(8) FC NSW o- 52 0.50 1
26 F_ P-7- -@)N F_ F_ F_F__ F_ F_ F-
itigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Comments:
Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Arbor Green
Please place project on HOLD. All of the proposed impacts to wetlands have occurred prior to
receipt of the 401 Certification. Some of these impacts include areas the RRO would have
recommended (to the Central Office) that avoidance be required. Also, there are significant
impacts to the riparian buffer zone. (Both RRO and the Central Office Staff (Pete) had visited
portiorJs of this site to make stream origin calls.) Further, General Certification violations have
occurred for clearing and grading of the Sewer line on the stream bank. (There are also General
storm water permit violations that have occurred).
I am preparing a NOV for Schuster's consideration. My recommendation is to place the project
on hold until the above issues are sorted out.
S
Is Mitigation required? 0 Y 0 N
Did you request more info? 0 Y 0 N
RALEIGH REGIONAL OFFICE
AR4
3800 Sorrett Drive, Suite 101
NCDENR Raleigh, NC 270509
H c.i? oo„R..?.R or Phone: [phone] FAX' 919/571-4718
'ZwAmow4mr Awn MRURAL RamouRcm
FACSIMILE
You should be receiving pages (including cover sheet).
If you do not receive all pages, please contact sender at 919/5714700.
TO: LE2v FROM: _
ORGANIZATION: SUBJECT:
FAX NUMBER DATE:
MESSAGE:

NC DWQ WQ ENVSCI Fax:[phone];
Post-ie Fax Note 76/1
From
70 ?
.
J
CoDep CoPhone #
phone #
Fax# Fax #
CERiRIED MAIL
Mr. B. Kenneth Martin
Arbor Greene Associates
P.O. Box 40068
Raleigh, NC 27629
Dear W. Martin:
On January 15, IM Mr.
Carolina Division of Water Qui
Office conducted a site visit at
an ongoing compliance and enf
As a result of this inspecti
Waters or Wetlands of the State.
of the Clean Water Act and requ
(USACOE) and NCDWQ. In ore
remove all unauthorized fill. Fail
assessment of Civil Penalties of
Division of Water Quality. In ad
you by the U.S. Army Corps of 1
((JSEPA). In addition to The afor
violations of the Neuse River Ri]
Act,
Please respond to this
what measures you plan to ii
violations occurred.
A 1:30 p.m_ meeting sched!
Road to help resolve these issues-'
733-1786.
Ca: Todd Tugweil, USACOE Raleigh Fic
Kathy Matthews USEPA
13obZ=ecki, S&EC
Danny Smith, NCDWQ. RRO
Randolph Reid, The Now Fords Co.
Mar 11 '99 9:13 P.01/01
February 22. 1999
NCDWQ# 981196
Mr. Randolph Reid
The New Portis Corporatoion
3200 Wake Forest Road
Raleigh, NC 27609
I
i
NOTICE OF VIOLATION
Arbor Cneei e Subdivision
Wake County
nny Smith from the Raleigh Regional Office of the North
+ (NCDWQ) at>;d Mr. John Dorney from NCI) WQ's Central
r project on they south side of Rand Road (SR 2728) as part of
-ment programi
i it has been deierlnined that you have placed fill material in
here activities Are violations of Section 301 and Section 401
prior; authorization by the U.S. Army Corps of Engineers
to bring your project into compliance you will be required to
'e to adequately address these violations may result in the
to $10,000 per day per violation by the North Carolina
ion, further enforcement actions may also be pursued against
gingers, and or the U.S. Environtrental Protection Agency
zentioned violations, the inspectors also noted that there are
Tian Buffer Rules and of the Sediment and Erosion Control
e of Violation within l4 days upon your receipt detailing
ent to bring yo?lr project into compliance and why these
.led for March 12 will be conducted at 4401 Reedy Creek
,f you, have any questions before then please call meat (919)
Sincerely.
John Dorney
Water Quality Certification Program
O ire
WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
[phone] FAX: [phone]
PO Box 550, Raleigh, NC 27602
SOIL EROSION AND SEDIMENTATION PLAN REVIEW
PROJECT NAME: LYF TYM
PLAN PREPARED BY: Allen Engineering
3828Sky Meadow Drive
Garner NC 27529 PHONE NUMBER: [phone]
FAX NUMBER: [phone]
DENUDED AREA: 4.5 Ac. (Paid $788.00 fee)
LAND DISTURBANCE FEE DUE AT PLAN APPROVAL : $ 1125.00
ENVIRONMENTAL ENGINEER/PLANNER RECOMMENDATIONS/REQUIREMENTS:
PRECONSTRUCTION CONFERENCE IS REQUIRED PRIOR TO ANY LAND DISTURBING ACTIVITY.
PERMIT IS VALID FOR EROSION AND SEDIMENT CONTROL ONLY.
ADDTIONAL MEASURES MAYBE REQUIRED AT THE REQUEST OF WAKE COUNTY
ENVIRONMENTAL ENGINEER/PLANNER.
EXPOSED SLOPES MUST BE PLANTED OR PROVIDE TEMPORARY GROUND COVER WITHIN 15
WORKING DAYS OR 30 CALENDAR DAYS OF THE COMPLETION OF ANY PHASE OF GRADING.
*COMPLIANCE WITH NCDENR NEUSE BASIN MANAGEMENT STRATEGY REQUIRED.
PLAN HAS BEEN APPROVED FOR LAND DISTURBING ACTIVITIES TO INCLUDE CONSTRUCTION AND MAINTENANCE OF SEDIMENT AND
EROSION CONTROL MEASURES, CLEARING, GRUBBING, GRADING, REVEGETATION, AND STABILIZATION IN ACCORDANCE THE
CONSTRUCIONSEQUENCE ONLY. ALL OTHER PERMITS AND APPROVALS ARE SEPERATE FROM THE LAND DISTURBING PERMIT AND THE
SEDIMENT AND EROSION CONTROL APPROVAL.
AGENTS AND OFFICIALS OF THE COUNTY SHALL PROVIDE FOR PERIODIC INSPECTION OF THE LAND-DISTURBING ACTIVITIES, AT
REASONABLE TIMES, TO DETERMINE WHETHER THE ACTIVITIES ARE BEING CONDUCTED IN ACCORDANCE WITH THE PLAN AND TO
DETERMINE WHETHER THE MEASURES REQUIRED IN THE PLAN ARE EFFECTIVE IN CONTROLLING EROSION AND SEDIMENT RESULTING
FROM THE LAND-DISTURBING ACTIVITIES. SHOULD THE PLANNED SOIL EROSION & SEDIMENTATION CONTROL DEVICES PROVE
INADEQUATE, FURTHER MEASURES WILL BE REQUIRED BY THE ENVIRONMENTAL INSPECTOR.
DATE RECEIVED: 2/26/99 DISSAPPROVED: 3/12/99
RESUBMITTED: DATE COMPLETE:
(SEE PAGE # 2 FOR REVIEW COMMENTS)
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
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DISPOSITION: DISAPPROVED
Several items must be addressed before the plan can be approved
Wake County requires Compliance with NCDENR Neuse River Management Strategy.
There appears to be a Neuse River riparian feature on the property that would require a
100' undisturbed riparian buffer. Your plan shows filling in this area. This office must
disapprove this plan until we receive clarification from NCDENR Division of Water
Quality as to the status of this feature. The contact person for this area would be Danny
Smith. Phone # [phone]. No other issues of the review can be addressed until this is
addressed due to the extent of the filled area. The review is thus suspended until we have
contact with the N C Division of Water Quality.
DATE 3/12/99
ENVIRONMENTAL ENGINEER/PLANNER: JAKE TAYLOR
WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
[phone] FAX: [phone] PO Box 550, Raleigh, NC 27602
Chronologv of Arbor Green Land Disturbance
1. 11-06-98 Plan submitted for plan review
2. 11-18-98 Plan approved
3. 11-19-98 Grading permit picked up
4. 12-17-98 Site visit. Construction underway. Contractor asked to install rock dam as per
plans. All other basins in place except one at end of cul-de-sac across from school. Contractor
given 2 days to comply before Notice of Violation sent out. Sewer outfall not cleared yet.
Left word for contractor to call when started due to difficulty of site.
5. 12-19-98 Site visit showed site in compliance excluding sewer outfall.
6. 1-13-99 Site visit showed sewer outfall cleared with no erosion control devices. Met with
Contractor and asked for required devices with in five days or NOV to be sent out. Site Very
wet. Noticed clearing past approved area and encroachments in riparian buffer.
7. 1-14-99 Received call from Danny Smith with DWQ asking information on Arbor Green. I
asked Danny to meet me on site to make sure my asking for additional devices to control
erosion and sediment loss would not put the site in further violation of Neuse riparian buffer
regulations.
8. 1-19-99 I met Danny Smith at site and discussed site options. Noticed no sediment control
devices on part of sewer outfall not installed as asked for on 1-13-99. We agreed that there
were land disturbing encroachments in the buffer. We further agreed that the major concern
at this time; considering that land disturbance had already occurred, was the quality of the
water. My decision based on that meeting was to have the contractor install multiple erosion
and sediment control devices (some in the perceived riparian buffer).
9. 1-20-99 A Notice of Violation was mailed to The New Fortis Corporation detailing
measures to control erosion and sediment control. Called Craig Lang. Agreed to meet on site.
10. 1-22-99 Site meeting with Craig Lane, Gordie Eure and a soils consultant. Discussed
buffer encroachments, my meeting with Danny Smith, and the sewer outfall. Craig Lang
agreed to install multiple devices to control sediment, but was reluctant to pull basins out of
buffer until buffer clarifications were made by DWQ. Mr. Lang stated that DWQ had not
contacted him yet and seemed very concerned that further sediment would entering stream if
the basins were removed at this time. At my suggestion Mr. Lang agreed to work with Wake
County to stage the basin removals as the site was stabilized reducing the chance for
sediment loss. We also decided to hydro-seed the cleared sewer outfall location, as due to the
wet conditions it would be weeks before sewer installed.
11. 1-27-99 Site visit showed all requested measures in place. Basin at end of cul-de-sac needs
work, but that part of the site was too wet. Agreed with contractor to dig a storage pit in front
of the basin and repair it as wet conditions allowed.
12. 2-17-99 Grass up along sewer outfall. Minimal sediment loss.
13. 3-02-99 I met at site with Craig Lang and Robbie Bell to discussed revised construction
plan to stage removal of sediment control devices out of Neuse riparian buffers..
14. 3-11-99 I reviewed revised plans and with a few modifications they will be approved, but
first I need approval from Town of Garner (Frank Powell) on storm water modifications.
Wake County Environmental Engineer
Jake Taylor
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
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