HomeMy WebLinkAbout20011660 Ver 1_Complete File_20011114 (2)file:///Untitlei
Bob Zarzecki wrote:
Steve,
I went to this site (Lot 25 Blue Cypress Lane) today. They cleared most of the vegetation within the
buffers. See attached draft NOV. Please review, make changes and pass on to Ken for signature and
mailing. I've sent you a hard copy along with maps, etc. through the mail. Also attached are some
photos of the site.
I also checked out Lot 36 Bradford Grove Place across the street. They are building a home and have
cleared some of Zone 2. No violation. However, they may be planning to but a parallel driveway within
Zone 2. I sent them a notice letter of the buffers and copied you on it.
Let me know if you have any questions. See you tomorrow morning in Orange County.
- Bob
Bob Zarzecki wrote:
Charles,
Did you make it to this site? If not, let me know ASAP and I'll go first thing in the morning.
- Bob
Steve Mitchell wrote:
Charles was on his way out there when we recieved a spill call from Townsend Foods in Pittsboro.
Unless he went out there today, the site has not been visited as far as I know. Please advise. I will
also if I hear differently.
Bob Zarzecki wrote:
John,
I received a call from Mr. Lipkin last week and past it on to Steve. I know nothing of what they
where told from whom. I believe that Steve went to the site on Thursday.
Steve, This is the site referred to in the email below. Did you get a chance to go to the site? If
not, let me know I'll head out there during lunch today.
- Bob
"Steve,
I just received a call from a Mr. Herman Lipkin (852-4886) concerning a
potential violation of either buffers, 401 or erosion and sediment
control. He said that they are working very close to a stream. The
subject property is adjacent to his. He lives at 2608 Bradford Grove
Place, off Graham-Newton Road, two blocks from Penny Road, Raleigh. The
subject property apparently has a construction entrance off Blue Cypress
Lane (possibly a new road). Please have someone over there check into
this. Let me know if no one can get to it and I'll see if I can get out
there tomorrow. Thanks,
- Bob"
I of 2 11/14/01 a
file:///Untitlei
John Dorney wrote:
bob and steve - which of you plan to visit this site and when? please
advise. thankx
kirlipC?juno.com wrote:
> To whom it might concern:
> Lot #25 of Bradford Grove development (two blocks South of Penny Rd. at
> Graham Newton Rd.) in Raleigh is located on Blue Cypress Lane. A new
> house is about to be build on that lot. There is a creek in the middle
> of the lot. We were told that no vegetation should be touched within
> thirty feet of the creek and before any new owner starts to build on that
> lot, he or she will be notified of such regulation.
> As soon as a bulldozer appeared by the creek, we called DENR office and
> were assured that people responsible for enforcing the rules would come
> to inspect the area immediately. When nothing happend I left a message
> on B. Zarzecki's answering machine asking someone to check the area
> because it seemed that the intention of the new owner of the lot #25 was
> to disregard the thirty feet rule. No one called us back and looks like
> no one came to inspect the lot - all vegetation is completely removed
> from the east side of the creek, some dirt fell down the creek. We are
> very alarmed and are afraid that before someone finally makes it out to
> this area, the wooded West side of the creek will become naked as well,
> the creek would be harmed further, and all various creatures that
> currently live around the creek will disappear.
> K. Lipkin
> (919) 852-4886
> GET INTERNET ACCESS FROM JUNO!
> Juno offers FREE or PREMIUM Internet access for less!
> Join Juno today! For your FREE software, visit:
> http://di.www.juno.com/ eg t/web/.
f2 11/14/014:59 PN
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DIVISION OF WATER QUALITY (DWQ)
November 14, 2001 ,
_ A DWQ Project No. 01-1660
Page 1 of 2
CERTIFIED MAIL: Return Receipt Requested
harles & Rtchere DezielL
1214 Kimboiton Drive .,
Cary, NC 27511
RE: NOTICE OF VIOLATION, NEUSE RIVER BUFFER VIOLATION
Subject Propertyr Lot 25, Bradford Place Subdivision, 2600 Blue Cypress Lane, Raleigh, Wake County, NC
Dutchman's Branch [03-04-02,27-43-4.5, WS-III NSW]
Dear Mr. and Ms. Deziel,
On November 14, 2001, Mr. Bob Zarzecki of the DWQ Central Office conducted an inspection of the subject
property. The site inspection was conducted in response to a citizen complaint involving the potential clearing of
vegetation along a stream within the Lake Wheeler watershed. The investigation revealed that protected riparian buffers
associated with an unnamed intermittent tributary stream to Dutchman's Branch above Lake Wheeler had been impacted.
Dutchman's Branch and the unnamed stream are within the Neuse River basin and are classified by the NC DWQ as
Water Supply III Nutrient Sensitive waters. The riparian buffers are protected under the Neuse River Buffer Rules (15A
NCAC 2B .0233). It was determined during the field investigation that approximately 100 feet of protected buffer
(measured parallel to and along one side of the stream) had been cleared of vegetation on the subject property. The
removal of vegetation within Zone 1 of the 50-foot protected riparian buffers is prohibited under the Neuse River Buffer
Rules (15A NCAC 2B .0233). Therefore, the DWQ has determined that the clearing of vegetation that occurred on the
subject property is in violation of the Neuse River Buffer Rules (15A NCAC 2B .0233).
The Neuse River Buffer Rules (15A NCAC 2B .0233) protect fifty (50) foot riparian areas (buffers) along surface
waters (including, but not limited to, intermittent streams) within the Neuse River basin. The Neuse River Buffer Rules
(15A NCAC 2B .0233) have been in place as temporary rules since July 22, 1997. The 50-foot buffer is divided into two
Zones. The first zone, Zone 1, consists of the first 30 feet from the bank of the stream. This zone is intended to be an
undisturbed vegetated area. Only limited clearing of vegetation within Zone 1 is allowed as identified within the Neuse
River Buffer Rules (15A NCAC 2B .0233(6)). The second zone, Zone 2, consists of the outer 20 feet of the 50-foot
buffer. This zone is intended to be a managed vegetated area. Clearing and grading is allowed within Zone 2 as long as
the area is left vegetated. No new impervious surface is allowed within the 50-foot buffer. A copy of the Neuse River
Buffer Rules can be obtained by visiting the DWQ 401 Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands/ or
by calling the DENR / DWQ Raleigh Regional Office at 919-571-4700.
This Office requests that you respond, in writing, within ten (10) days of receipt of this Notice of Violation. Your
response must address the following items:
1) Please discuss your efforts to abate impacts to the protected riparian buffers.
2) Please discuss your riparian buffer restoration proposal. Any restoration plan should include at a minimum the
following items.
a) A map of the proposed restoration site.
NCDEM
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1 800 623-7748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Page 2 of 2
b) A vegetation plan. The vegetation plan for Zone 1 shall include a minimum of at least two native hardwood tree
species planted at a density of 320 trees per acre at maturity and appropriate ground cover to preventsoil erosion.
The vegetation plan for Zone 2 shall include a minimum of at least appropriate ground cover to prevent soil
erosion.
c) A fertilization plan. (Only a one-time application of fertilizer will be allowed to establish replanted vegetation.)
d) A schedule for implementation.
.3) Finally,,please explain, why the violation occurred and if any other impacts to the protected buffers (including any
- -...
potential deck or patio) are planned.
The Raleigh Regional Office of the Division of Water Quality is considering sending a recommendation for
enforcement action to the Director of the Division of Water-'Quality Please be aware that you may be subject to
enforcement action with the possible assessment of civil penalties of up to $25,000.00 per day, per violation. Please be -
advised that nothing in this letter should be taken as absolving you" of the responsibility and liability for any past or future
violations.
Thank you for your prompt attention to this matter. Should you have any questions, please contact Mr. Steve
Mitchell at (919) 571-4700.
Sincerely,
Ken Schuster
WQ Regional Supervisor
cc: RRO-Water Quality
RRO-Land Quality Section
US Army Corps of Engineer - Raleigh Regulatory Field Office
Non-Point Source Compliance/Enforcement Unit
Danny Smith, DWQ Central 401/Wetlands Unit
Bob Zarzecki, DWQ Central 401/Wetlands Unit
Central Files
DWQ Project No. 01-1660
Wake County Multi Access Parcel System wysiwyg:H74/http://imaps.co.wake.nc.us/...h=417&Height=249&UFolio=0770973406&Mod(
BPS
Multi Access Parcel System
CA.
MULTIPLE RECORDS FOR SELECTED PARCEL
CLICK HERE FOR DETAILED PROPERTY DATA
PARCEL NUMBER: 0770973406
1 of 2 11/14/019:45 AN
Wake County Multi Access Parcel System wysiwyg:H74/http://imaps.co.wake.nc.us/...h=417&Height=249&UFolio=0770973406&Mod
REID 0222850
OWNERI DEZIEL, CHARLES & RICHERE
ADDR1 1214 :• • D-
ADDR2 CARY NC 27511
DEED-BOOK 9143
DEED-DATE 11/2/01
DEEDED-ACREAGE 1.86
BLDG_VALUE_ASSD 4500
000
BILLING-CLASS 2
ST-NAME BRADFORD GROVE
ST TYPE PL
I•lt-i99m
DIR_SUFFIX
ST MISC -
ZIP --CODE 27502
PLAN_JURIS WC
ZONING R-40W
MAP_NAME 077002
PIN_EXT 000
CITY
TOWNSHIP 18
FIRE-DISTRICT 23
TOTAL-SALE-PRICE 0
TOTAL SALE DATE -
TYPE-AND-USE 01
LAND-CLASS R
THIS IS NOT A LEGAL DOCUMENT.
DISCLAIMER: The COUNTY OF WAKE or the CITY OF RALEIGH shall assume no liability for any
errors, omissions, or inaccuracies in the information provided regardless of how caused; or any decision
made or action taken or not taken by user in reliance upon any information or data furnished hereunder.
The user knowingly waives any and all claims for damages against any and all of the entities comprising
iMAPS that may arise from the mapping data.
THIS IS NOT A LEGAL DOCUMENT.
Wed Nov 14 09:45:43 GMT-0500 (Eastern Standard Time) 2001
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Date: 11/14/101
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