20001188 Ver 1_COMPLETE FILE_20000911

?a uti
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
- RALEIGH REGIONAL OFFICE
kN, Certified/Return Receipt Requested
± s RUNT JR r August 31, 2000
YERNOR
Vincent Strubell
Investment real Estate Associates
BILL HOLMAN Post Office Box 31346
! $EtXETARY Raleigh, N. C. 27622
° Subject: Notice Of Violation
Recommendation For Enforcement
,:fix a Neuse River Basin Riparian Buffer Rules
t Intersection of SR 2215 and SR 2218
Old Crews Road North of Buffalo Road
<R,' NBRRO 00-211
Wake County
y Dear Mr. Strubell:
This letter is being sent to you due to the violations that have occurred at the subject site relevant
to the Neuse Buffer Rules. This project is referenced by the Raleigh Regional Office as NBRRO
K Y Y 99-211. Mr. Steve Mitchell, of my Staff, and members of the Wake Soil and Water Conservation
District met on site August 22, 2000. This site is in violation of The Neuse River Basin: Nutrient
R ;. Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T15A:02B.0233 (NCAC 0233).
a ..
It has been determined that the buffer along the unnamed tributary to Harris Creek has been
s removed and the creek proper has been severely impacted. In addition, there are several road
crossings that are not stabilized. The impacts to the stream have resulted in increased sediment
erosion, buffer encroachments, and the stream redirecting itself. It was noted that the vegetation
along both sides of a 100 foot length and along one side of an additional 200 foot reach (of varying
width) had been completely removed.
The impacts to the riparian vegetation referenced above 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 that existing
riparian areas shall be protected and maintained on all sides of surface waters in the Neuse River
w Basin (intermittent streams, perennial streams, lakes, and estuaries). 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."
The removal of the riparian buffer constitutes violations of this Rule promulgated under
which states the riparian buffer must be protected in two zones.
(a) "Zone 1 shall consist of a vegetated area that is undisturbed
except for uses provided for in Item (6) ...The location of Zone 1 shall 0233(3)

MAILING ADDRESS: 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
LOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NC 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSUMER PAPER
Page Two
Strubell NOV
August 23, 2000
be as follows:
...Zone 1 begins at the most landward limit of the top of bank or the rooted herbaceous
vegetation and extends landward a distance of 30 feet on all sides of the surface water,
measured horizontally on a line perpendicular to the surface water.
(b) "Zone 2 shall consist of a stable, vegetated area that is undisturbed except for
activities and uses provided for in Item (6) of this Paragraph. Grading and revegetating
Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised
Zone 2 shall begin at the outer edge of Zone 1 and extends landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined minimum width of
Zones 1 and 2 shall be 50 feet on all sides of the surface water.
The activity of clearing and "grading " in Zone 1 is designated as prohibited under Section .0233(6)
of the Rules and therefore not allowed to occur within the buffer. The activity of clearing for a
roadway is designated as allowable and would have required a "No Practical Alternatives"
determination and written authorization from the Division. These violations are subject to a civil
penalty of up to $10,000 per day and in some cases $25,000 per day for each violation.
The Division recommends that no additional activities occur within the protected riparian buffers,
until these violations have be( -nd the impacted areas brought into compliance. You
are required to respond to tl of its receipt. Your response should be
directed to me at :
Raleigh Regional O'
Environmental Mar ;es
1628 f --vice
Ralei(
C
and include
of the road
'S-C-? d( ?J ( I to restore the
?J S ?? v low for at least
?? a 320 trees per
?-, aJ
Please be sure to ream channel and
associated buffers occurreu u. a 401 Water Quality
Page Three
Strubell NOV
August 23, 2000
Certification. The attached PreConstruction Notification Form for Nationwide Permits can be used
to apply for existing and other planned impacts.
Thank you for your attention to this matter. Please, thoroughly address the above mentioned
issues in your response and provide any additional information that you wish to provide. If you
have any questions regarding this Notice or need additional information please contact Mr. Steve
Mitchell at [phone].
Sincerely,
/,Z,Q
Kenneth Schuster
Regional Water Quality Supervisor
cc: Central/RRO Files
Enforcement Group
John Domey
strubell. nov
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Certified/Return Receipt Requested
< f B: HUNT JR.. August 31, 2000
"; GSVERNOR
K Vincent Strubell
Y .? Investment real Estate Associates
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
-? I
BILL HOLMAN
Post Office Box `71346
sECRErARY Raleigh, N. C. 27622
Subject: Notice Of Violation
Recommendation For Enforcement

t M Neuse River Basin Riparian Buffer Rules
_ Intersection of SR 2215 and SR 2218

r Old Crews Road North of Buffalo Road
NBRRO 00-211
Wake County

Dear Mr. Strubell:
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` This letter is being sent to you due to the violations that have occurred at the subject site relevant
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99-211. Mr. Steve Mitchell, of my Staff, and members of the Wake Soil and Water Conservation
District met on site August 22, 2000. This site is in violation of The Neuse River Basin: Nutrient
Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T15A:02B.0233 (NCAC 0233).
It has been determined that the buffer along the unnamed tributary to Harris Creek has been
removed and the creek proper has been severely impacted. In addition, there are several road
crossings that are not stabilized. The impacts to the stream have resulted in increased sediment
erosion, buffer encroachments, and the stream redirecting itself. It was noted that the vegetation
along both sides of a 100 foot length and along one side of an additional 200 foot reach (of varying
width) had been completely removed.
The impacts to the riparian vegetation referenced above 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 that existing
riparian areas shall be protected and maintained on all sides of surface waters in the Neuse River
w; Basin (intermittent streams, perennial streams, lakes, and estuaries). 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."
- " The removal of the riparian buffer constitutes violations of this Rule promulgated under.0233(3)
which states the riparian buffer must be protected in two zones.
(a) "Zone 1 shall consist of a vegetated area that is undisturbed `
rovided for in Item (6)
exce
t for uses
The location
f Zone 1
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ll
p
p
...
o
s
a
MAILING ADDRESS: 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
- LOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NC 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Page Two
Strubell NOV
August 23, 2000
be as follows:
...Zone 1 begins at the most landward limit of the top of bank or the rooted herbaceous
vegetation and extends landward a distance of 30 feet on all sides of the- surface water,
measured horizontally on a line perpendicular to the surface water.
(b) "Zone 2 shall consist of a stable, vegetated area that is undisturbed except for
activities and uses provided for in Item (6) of this Paragraph. Grading and revegetating
Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised
Zone 2 shall begin at the outer edge of Zone 1 and extends landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined minimum width of
Zones 1 and 2 shall be 50 feet on all sides of the surface water.
The activity of clearing and "grading " in Zone 1 is designated as prohibited under Section .0233(6)
of the Rules and therefore not allowed to occur within the buffer. The activity of clearing for a
roadway is designated as allowable and would have required a "No Practical Alternatives"
determination and written authorization from the Division. These violations are subject to a civil
penalty of up to $10,000 per day and in some cases $25,000 per day for each violation.
The Division recommends that no additional activities occur within the protected riparian buffers,
until these violations have been resolved and the impacted areas brought into compliance. You
are required to respond to this Notice within 10 days of its receipt. Your response should be
directed to me at :
Raleigh Regional Office
Environmental Management and Natural Resources
1628 Mail Service Center
Raleigh, N.C., 27699
and include:
1. The dates of operation on this tract of land;
2. The total area of the stream side that was impacted;
3. Address how the road crossings way came to be located with in the buffer;
4. A demonstration of an alternative analysis that details the necessity of the road
placement through the current pathways;
5. A detailed revegetation plan delineating what efforts will be undertaken to restore the
vegetative buffer to its original condition. This proposed repair plan should allow for at least
two species of native hardwood trees to be planted at a density to provide 320 trees per
acre at maturity; and
6. A schedule with dates indicating when activities will be accomplished.
7. Further, you are required to stabilize the disturbed area immediately.
Please be sure to provide information as to why these impacts to the stream channel and
associated buffers occurred and whether your plans for this site will require a 401 Water Quality
Page Three
Strubell NOV
August 23, 2000
Certification. The attached PreConstruction Notification Form for Nationwide Permits can be used
to apply for existing and other planned impacts.
Thank you for your attention to this matter. Please, thoroughly address the above mentioned
issues in your response and provide any additional information that you wish to provide. If you
have any questions regarding this Notice or need additional information please contact Mr. Steve
Mitchell at [phone].
Sincerely,
/,W
Kenneth Schuster
Regional Water Quality Supervisor
cc: Central/RRO Files
Enforcement Group
John Domey
strubell.nov

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Certified/Return Receipt Requested
rMES B. HUNT JR: ! * August 31, 2000
GOVERNOR
- Vincent Strubell
Investment real Estate Associates
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
,FiLLHOLMAN? Post Office Box 31346
t..'sfiCRETARY Raleigh, N. C. 27622
Subject: Notice Of Violation
n 4 r'q Recommendation For Enforcement
Neuse River Basin Riparian Buffer Rules
Y R Intersection of SR 2215 and SR 2218
a, h
Old Crews Road North of Buffalo Road
NBRRO 00-211
Wake County
A ''R Dear Mr. Strubell:
" This letter is being sent to you due to the violations that have occurred at the subject site relevant
to the Neuse Buffer Rules. This project is referenced by the Raleigh Regional Office as NBRRO
99-211. Mr. Steve Mitchell, of my Staff, and members of the Wake Soil and Water Conservation
w District met on site August 22, 2000. This site is in violation of The Neuse River Basin: Nutrient
Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas,
=r, Administrative Code T15A:02B.0233 (NCAC 0233).
y It has been determined that the buffer along the unnamed tributary to Harris Creek has been
removed and the creek proper has been severely impacted. In addition, there are several road
crossings that are not stabilized. The impacts to the stream have resulted in increased sediment
erosion, buffer encroachments, and the stream redirecting itself. It was noted that the vegetation
along both sides of a 100 foot length and along one side of an additional 200 foot reach (of varying
width) had been completely removed.
The impacts to the riparian vegetation referenced above 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 that existing
riparian areas shall be protected and maintained on all sides of surface waters in the Neuse River
Basin (intermittent streams, perennial streams, lakes, and estuaries). 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."
The removal of the riparian buffer constitutes violations of this Rule promulgated under .0233(3)
which states the riparian buffer must be protected in two zones.
(a) "Zone 1 shall consist of a vegetated area that is undisturbed
except for uses provided for in Item (6) ...The location of Zone 1 shall
MAILING ADDRESS: 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
LOCATION: 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NC 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Page Two
Strubell NOV
August 23, 2000
be as follows:
...Zone 1 begins at the most landward limit of the top of bank or the rooted herbaceous
vegetation and extends landward a distance of 30 feet on all sides of the surface water,
measured horizontally on a line perpendicular to the surface water.
(b) "Zone 2 shall consist of a stable, vegetated area that is undisturbed except for
activities and uses provided for in Item (6) of this Paragraph. Grading and revegetating
Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised
Zone 2 shall begin at the outer edge of Zone 1 and extends landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined minimum width of
Zones 1 and 2 shall be 50 feet on all sides of the surface water.
The activity of clearing and "grading " in Zone 1 is designated as prohibited under Section .0233(6)
of the Rules and therefore not allowed to occur within the buffer. The activity of clearing for a
roadway is designated as allowable and would have required a "No Practical Alternatives"
determination and written authorization from the Division. These violations are subject to a civil
penalty of up to $10,000 per day and in some cases $25,000 per day for each violation.
The Division recommends that no additional activities occur within the protected riparian buffers,
until these violations have been resolved and the impacted areas brought into compliance. You
are required to respond to this Notice within 10 days of its receipt. Your response should be
directed to me at :
Raleigh Regional Office
Environmental Management and Natural Resources
1628 Mail Service Center
Raleigh, N.C., 27699
and include:
1. The dates of operation on this tract of land;
2. The total area of the stream side that was impacted;
3. Address how the road crossings way came to be located with in the buffer;
4. A demonstration of an alternative analysis that details the necessity of the road
placement through the current pathways;
5. A detailed revegetation plan delineating what efforts will be undertaken to restore the
vegetative buffer to its original condition. This proposed repair plan should allow for at least
two species of native hardwood trees to be planted at a density to provide 320 trees per
acre at maturity; and
6. A schedule with dates indicating when activities will be accomplished.
7. Further, you are required to stabilize the disturbed area immediately.
Please be sure to provide information as to why these impacts to the stream channel and
associated buffers occurred and whether your plans for this site will require a 401 Water Quality
Page Three
Strubell NOV
August 23, 2000
Certification. The attached PreConstruction Notification Form for Nationwide Permits can be used
to apply for existing and other planned impacts.
Thank you for your attention to this matter. Please, thoroughly address the above mentioned
issues in your response and provide any additional information that you wish to provide. If you
have any questions regarding this Notice or need additional information please contact Mr. Steve
Mitchell at [phone].
Sincerely,
/,W
Kenneth Schuster
Regional Water Quality Supervisor
cc: Central/RRO Files
Enforcement Group
John Domey
strubell. nov

E& Terrain Navigator Raleigh-Durham/Chapel JKNIGHTDALEJ
Bile View GoTo Markers Routes Tracks Bookmarks Zoom Advent GPS W Wow Help
24 ( 1,4 ti 1:2 id 2$ f 03° 51' 15.88" N 284 ft Finish track
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