20052015 Ver 2_Notice of Violation_20061109 (25)

°'Nov, 9. 2C~0~,~ 1_:46PM~M HAL OWEN ~ ASSOCIATES,~i 1no
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RT1iP'IED MAIL
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George Bailey
t11ArliiLS Way i
Cary, h1C 2713
Subject; .
hear ivlr. Bailey;
On December 3, 2004, Mike f
InterraittentlPerenniel call fdr the purl
Bob Lange at 402 TeJia. I~'t. urithin the
No.2~05 F'. S
919-380-9131 p.2
Michael F. &ael~y, Gowo~uor
William G, lbee, Jr.. Spe1~ry
>rorth C'.o~olinp Deperunent of kliviron~wnt and Neerel ResOtuoee
Alen 4v, Klimek, P~., T.An~ctor
Division of wet« Queli~
~Qt 35.3
NOTIG'E OF ~'IOLATTUN and
REC41VIlb1lENDATi01~1" FOR ENFORCEMENT
George Bailey, Evans Estates
Neusc River Riparian Buffer Vidlations
RC'lIIdVPiI Of U9G
Faire to Secure a 401 Water Quality Certification
wake cpunty
FILE COPY
from the Division of'I~S!'atrvr Quality (DWQ) conducted an
of the Meuse River lLiparaan Buffer Rules behind the residence of
s Estates Subdivision off of Evans Road iu C$ry.
During the site visit, the investigator made ob9ervations of stream and buffer impacts that included
fining of sums and riparian zones. ~- sttearn fe$nu~e located on the site plan provided by Mr. George Hail
lxas been piped, resulti,ag in non-permit~d. road crossings and the realignment ofthe stream 6ehin~d Lot ~# 35~ #
36.
In addition to tl,e non~~crmittsd ~traam impacts, impa3cts to tY1c Nense River Riparian (stzealmside) buffer
zone Dave also. occurred. •1'ortlons of the riparian area bad been filled an lot X35 during the construction of a
single family.
' According to a DVVQ file revieviF, we have confirmed that i1npBOts to sheaLn, and riparian areas occit><red
prior to the subulissiau of a Pre-Canstrutction Notification of a11p authorization, permit or 4p 1 water Quality
Certification from the l7ivisio;o of Water Quality. As a result of the site inspections and file review, tl~e
faIIowing violations are noted:
1) Neuso River Riparian Bl~fferVialations
2) Fsiliuc tv sccu=e a 401 QVater Quality Gertiflcatiorl;
3) Removal of Best usage.
Iteas I. Meuse River~fti>~ n~B
The Neese River Basin is a river basin that is subject to riparian (streamside) buffer rules. Tl1e purposes
of these rules eta to protect and pu~escrve. riparian buffers izt the Meuse River $asin. That is, these rotes help to
maintain the nutrient removal functions of d1e straamside areas necessary to protect surface waters, specifically,
this Rule applies to the 50-£vot wide riparian buffer directly adjacent to surface watterrs (Intermittent streams,
perennial streams, lakes, ponds, and estuaries). Fulrther, the prot+rcled. a;ipasian bn$'er bas two zones as~e
Nu[th Ca[olina Division of Water+~uality Raleigh RaaLonnl Ot11ce S~rACV Waver Prolodivn Phone [phone] CusGOmer SCIvlce
lrNemet h2v.enr•state,rr~ld L628 Ar<ail Service Cancer Aeleigk. NC 27699-1628 PA)i (919) 771-x718 1.877.dZ3-b7C8
An EQual OpPurtunklllAPAmptl~aAdlari 6mplayar-8491 ReCyelad/i89b PoetConel++narPglK
' I I ... ~... _ .. ~~
NOV-9-2006 THU 13:37 TEL:[phone] NAME:DWQ-WETLANDS ~'• 8

, Nov,_9, 2GObs~ 1;4bPM HAL OWEN 3~ ASSOCIATES N'~~ 2205 P. 9
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• (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetated arcs that is
undist~u#~ed except far uses pr+~vided for in Snbpatagraph (t5) of 15A NCAC.2B.0233, and (b) Zone
2 [the outer 2tl feet, landward tam the outer 30 foot edge of zone ll shall consist of sta#~le vegetated
aQea that is undisturbed except i`or activities and ty,ses pravidad for in 9ubparagtalrhs (4) and (6) of ISA
N•CAC 2B_Q233.
xhe site v18it and Eels review confirmed that no Pre-Construction Notificatiax~ was received for this project
and that riparian buffer irnpacte agsacia7tcd with clearing ofv~atation. grading mxd grubbing were oat
authorized by DWQ. Specifically, rto iequest, or a I~RiQ praotiCal alternative deteiminatian, v.~riauce or
autlwrizgticn had beets issued for theseimpacts to the riparian zone. As a. result, the following riparian buffer
salt violations are noted:
Neale River Buffer Rule15A NCA ~ 2S .0233 D®potrifian of fill, grading. grubbing and~the rospeCtive
clearing of vegetation has occurred in to riparian zone, a violation of the regtairentent that Zone 1 and Zone 2
consist .of a stable, vegetated area that t~ undishabed except for actividea sad uses provided £oc in Itctn (b) of ,
tree Rule. l~'uither, diffuse flow o£ stornt water was not maintained and notification was not provided to ~WQ
prior Go these riparian zont impacts. Asa, rio variance or Practical Alternative Request was received prior to
the Ripe~rian 7rona impacts. .;
ltom III-Failure to Secure a 401 Water Quaity Certflficatioa
Ympacts to wetlands and stream have occurred at this tract fiom mechanised lead clearing, which
includes ditching, draining, grad~g and oarthean 611s. Iiowevet, a 401 Water Quality Certification has
not bean issued and a 401 Water Quality Certif cation or authorization has net been aught. A 401 Water
Quality Certification is required ,for the above-triontioned impac#s pursuant to 15A I~TCAC 2H .0500.
dent 1Y. Preclusioa aiBeS# Usage
A I3WQ site visit sell file revievir confirmod that stream impacts occurred to unnamed tributary td
Hambeam Branch, Class C Nuttiant Se>~sitive Waters. in tht Meuse RiveaBasin. Purtherrnore, these impacts
occurred prior to the prop er securing of ~. Permit from the US Army Coups of IJngineers sell a 4C 1 'Water
Quality Cert~cation from tie bivieiort pf Water Qt~lity. Specifically, the impacts include the excavation of
the strea~mbed substrata (stres¢n floor), ex~vgtion of the stream battle, removal of the riffle-pools, awl the
gr$ding of the ripariarx axea~. These severe impacts have rosulted in a aheatn standard violation. Specifically,
15A NCAC 2B .OZ 11 (2) states that the preoluaian of best usage, wlticki include aquatic li& propagation,
biological integrity, wi]dlife, and secondary recreation, and agriculture represent a water quality standard
vi,olatipn_
This Office requests that you respond to ties letter in writing within 20 days of
Receiving this notice, Yota rosponsa s134u1d be sent to bath this afft~ce at the letterhead address and to the
attaatian of Mr. Danny Smith at the V4lctlaada1401 Unit, 231 Crabtree Blvd., Raleigh NC, 2'1604-2.260, Your
response should address the following items: '
I . Please provido any and all. pezmits you have rcocived for Bvans P.states frrnn the tune it was platted to
current date. 0~~
2. Please explau- when cvnatrtiction (galling and Blearing) began at site.
3. Please exp]ain why appropriate 401 R'axer Quality Certifteatiaa and a 404 Permits were nvt secured.
NOV-9-2806 THU 13:38 TEL:[phone]$93 NAME:DWQ-WETLANDS P• 9

Nov, 9. 2005•• 1:4?PM-"" HAL OWEPI ~ ASSOCIATES ~~°' -~~`~ `"-" "-- --N~~, 2205 F'. 10
' ,,,~Ir. (;reorge Bailey
:Evans EstBiles
1I7d/2005
`'~ ~ 'Page 3 of 3
- ' ~ 4. Please coatat:t thr~ US Army Ccp'ps of Engineers (R.al~gh Regulatory Field t?ffice) to ol~tai~- the required
federal permits required for thaiunaut]wrized eacctivity in Evans Estates.
5. Please provide a map that detai amotmt and lacatioa of wetlands on the tract, the area ofwetlands that
were it/1paGtCd, the total linear t of stream impacts atad the total arcs (depict the footprint} of the ~
riparian buffer and the respecti~a impacts.
,fix ~~o~
~. Please.indicate what efforts yeti have taken to prevent ofF site sedimentation. TTtis issue slkortld be ~
eddres8ed itmaiediately 1n ord~r to help avoid. addhiona3 sharp standard violationns. (,J" ~
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7. Plcasa suhrnit tine following Restpration P1aAS to this ot1'iee for review and approval, as we11 as to Dannq ,~
SJnith of t]re 4Q1lWetlanda Unit~Gerural OfFae (address: 2321 Crabt~t'cc Blvd, Parkvia~vv Bnilaing, ~..
Raleigh, NC 27504-2260}: ,~ kY
~o-
a.) Stream - Ln this plan you ahQuld e~cplain how you plan to restore the pattern, profile, and dimension
of atrcatx- charnel. The sttbed must be restored to the ozigiaal elevstion, and the stream banks
must be stabilized 'Iles plan must include the final Planting Plan and Physica11V1onitoring Plan.
b.) Riparian zone plaatin,g: A planting plan must be developed and irnplementerl in order to ensure that
at least two native trw epeci~ are planted at a density sufficient to provide 320 trees per acre at
maturity. This density is nsi}ally achieved bar planting apploximataly 435 treesJacre on a 1 U x 10 $.
grid or 681 tsces/acro on a $ ~ $ fl_ mod, Please see the tn+ici'el'irres far Riparian $r~,~`er Restoration
(January 2001) fez assistanc~in clevelopittg your p]au (avaiiabls on the web Rite et
llttpJ/h2o.enr.strata.nc.ushvrplpdt7buifers.pdf). This p1ar, must include the types ofnative woody
vegetation selected, tvicthadplogy of planting, and a site map indicating the location of the replanting
efforts,
c.) The restoration plea must detail how the aartheri ~ll ma#atial placed in wetlands axtd within ~e
riparian areas will be retnovrd and haw exoavated/gra~rled aretlands will be restored. This
information must be clearly ~.cpictcd on a map that you provide as a part of this response, This map
should also iztdicate all ofthc wetlands locations on the tract as well ae the wetland areas that have
been impacted. Also, the pletx must address the rneagures that will be used for temporary
stabilizatianlsedinxe~nt central whi]e this work ie under way.
d.) Pease iaciiaate is your responnse a detailed schedu2c with dates e'xplsimng when the reswration will
be accomplished. As a part 4f flue schedule you ahnuld d~etail/iaclude a three-year monitoring plan.
7. It is required that you contact the RB[eighRegiaxial Offioc at [phone], ba rrlsure that your
restoration efforts are in co~plianco wits 401 of the Clean V~'ater Act requirements and Neuse Ri~rer
Riparian Buffer Rule. '
li. Finally, please explain how you,proposo to prevent these problems from reoccltning on future proj xts.
'I1laaile you for your attention to this matter. This Office is considering sending a reoannnendatYOn for enforcement
to the birector pf the Divisi~ of Water Qusllity regarding these issues and any future/oontinucd violations that pray be
pieounbered. Your pbave-mentioned response tv this cvrraspvndcnce will be ransidered in ttus process, This vf~ce
requires that the violations, as detailed above, br abated in~edistely. These violations and any future vivlatiior~ are
subject to civil pcsxalty assessment of up to $25,Q40.aQ pct day for each violation. Should you have any qusstious
regarding these matters, please contact Mike Flaran ar myself at (919) 57I-17D0.
NOU-9-2006 THU 13:38 TEL:[phone] NRME:DWQ-WETLANDS 2• 10

Nov, 9. 2C~0~; 1;4?PM HAL OWEN ~ ASSOCIATES "~
' ~ ,,~+. ~i~ye oalley
~~ EV2ns ESt$tB8
~~ 1l~4J2QQ6
~~ =Page 4 of 4
N~~, 220 F'. 11
9incarcly, .
', ° I~en SGh~
Water Quality Regtdnal Supervisor
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Danny Smith - Cornplis~ce & En~arceu~ut 5aptrvisar
Tawn of Cap yy
Wake Cou~a~y~
Todd 'higwcll of the C,yS~ Army Corps of Engineers Raleigh Field dffice
RRO - FYIe Copy
CentralOffice
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NOV-9-2086 THU 13:38 TEL:[phone] NAME:DWQ-WETLANDS P. 11