19990171 Ver 1_COMPLETE FILE_19990225

Subject: Notice of Violation
Neuse Riparian Buffer
NBRRO 99 019
RALEIGH REGIONAL OFFICE
.1 1
JAMES 0. HUNT J
GOVIERNOR
k WAYNIC MCDKVT" a
Mr. Jesse Satterwhite
5933 Farm Well Road
Raleigh, NC 27610
DIVISION OF WATER QUALITY
February 10, 1999
FEB 2 51999
d
WETLANDS GROUP
t Ih!.'Tf?UA!J SECTIOP4

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Dear Mr. Satterwhite,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Roseington Subdivision Phase II
Wake County
( 'Q?
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On January 20, 1999, Mr. Charles Brown of the Raleigh Regional Office conducted
a site visit of the above referenced project. This Office received a complaint regarding
erosion and sedimentation. It was determined that the pond and Upper Barton Creek are
protected under the Neuse Riparian Buffer Act. The location of the pond and creek are
indicated on the attached map. The pond and the intermittent stream flowing from the pond
is a unnamed tributary of Upper Barton Creek a class "WS-IV" Nutrient Sensitive Waters
in the Neuse River Basin.
A temporary stream crossing was observed over Upper Barton Creek. The crossing
had a pipe in the stream and it appeared due to heavy rains that the fill had washed away.
The pond was being impacted from sediment due to an additional crossing at the
headwaters of the pond. There were no erosion control devices on the upstream side of the
road. The cutting of the timber within 50 feet of the pond, the construction of a road within
50 feet of the pond, the stream crossing, and using the pond as a soil and erosion control
device are violations of the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 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, ponds, and estuaries)
as indicated on the most recent versions of the United States Geological Survey
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.
3000 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Mr. J. Satterwhite
Page 2
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. "Attached is a copy of this Rule.
The removal of the riparian buffer from the unnamed tributary of Upper Barton Creek and
the creek itself constitutes a violation of this Rule promulgated under 0.0233(3) which states the
riparian buffer must be protected in two zones:
(a) "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."
(b) "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 respond to this Notice of Violation within 15 days of its receipt. In your response you
should include the following:
1. Why the impacts were done to the site without notification to the Division.
2. The stream crossing of Upper Barton Creek.
3. The logging and construction of the road at the headwaters of the pond located
on the property.
4. Why no erosion control measures were installed on the upstream side of the road
crossing adjacent to the pond.
Mr. J. Satterwhite
Page 3

Failure to respond to this Notice of Violation or to adequately address the unauthorized activity may
result in an enforcement action being pursued against you by the North Carolina Division of Water
Quality. This office has assigned the reference number of NBRRO 99 019 to this project. Thank you
for your attention to this matter and if this Office can be of any assistance or if you have any
additional questions concerning this letter, please do not hesitate to contact me at 571-4700 ext. 245.
Sincerely,
Z__csv?
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: RRO/John Dorney
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inspection of minor source _ (inspectmin)
inspection of major source _ (inspectmaj)
pretreatment _ (pretreat)
wetland - (wetland)
poultry operation _ (poultry)
swine operation _ (swine)
dairy/cattle operation . (cow)
other ./(other
2) Will the vio. result in a re"Pinmendation
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3) Is the violation resolved? A/
4) Target date for enforcement report?
5) Comments (50 spaces) AM,
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
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NR
* [ Owl re DIVISION OF WATER QUALITY
m February 10, 1999

j JAME96 HUNTJ C'E,RTIEIED MAIL
GOVERNOR RETURN RECRIPT REQUESTED

Mr. Jesse Satterwhite
EJ 5933 Farm Well Road
WAYNEMCD&vrM Raleigh, NC 27610
SWAMCTARY ;
F Subject: Notice of Violation
Neuse Riparian Buffer
NBRRO 99 019
' Roseington Subdivision Phase II
Wake County
,l Dear Mr. Satterwhite,

On January 20, 1999, Mr. Charles Brown of the Raleigh Regional Office conducted
a site visit of the above referenced project. This Office received a complaint regarding
/ erosion and sedimentation. It was determined that the pond and Upper Barton Creek are
protected under the Neuse Riparian Buffer Act. The location of the pond and creek are
° " qL a indicated on the attached map. The pond and the intermittent stream flowing from the pond
r t is a unnamed tributary of Upper Barton Creek a class "WS-IV" Nutrient Sensitive Waters
a °. in the Neuse River Basin.
A temporary stream crossing was observed over Upper Barton Creek. The crossing
r had a pipe in the stream and it appeared due to heavy rains that the fill had washed away.
t=` The pond was being impacted from sediment due to an additional crossing at the
headwaters of the pond. There were no erosion control devices on the upstream side of the

3
• road. The cutting of the timber within 50 feet of the pond, the construction of a road within
?i J 50 feet of the pond, the stream crossing, and using the pond as a soil and erosion control
device are violations of the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 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, ponds, and estuaries)
as indicated on the most recent versions of the United States Geological Survey
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 27809
PHONE [phone] FAX [phone]
' AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

%i1R94 .s..t ;ka
Mr. J. Satterwhite
Page 2
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. "Attached is a copy of this Rule.
The removal of the riparian buffer from the unnamed tributary of Upper Barton Creek and
the creek itself constitutes a violation of this Rule promulgated under 0.0233(3) which states the
riparian buffer must be protected in two zones:
(a) "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."
(b) "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 respond to this Notice of Violation within 15 days of its receipt. In your response you
should include the following:
1. Why the impacts were done to the site without notification to the Division.
2. The stream crossing of Upper Barton Creek.
3. The logging and construction of the road at the headwaters of the pond located
on the property.
4. Why no erosion control measures were installed on the upstream side of the road
crossing adjacent to the pond.
Mr. J. Satterwhite
Page 3

Failure to respond to this Notice of Violation or to adequately address the unauthorized activity may
result•in an enforcement action being pursued against you by the North Carolina Division of Water
Quality. This office has assigned the reference number of NBRRO 99 019 to this project. Thank you
for your attention to this matter and if this Office can be of any assistance or if you have any
additional questions concerning this letter, please do not hesitate to contact me at 571-4700 ext. 245.
Sincerely,
Z-4?
Kenneth Schuster, P.E.
Regional Water Quality Supervisor
cc: RRO/John Dorney
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