20010818 Ver 1_COMPLETE FILE_20010525

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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
February 2g 2002
CERTIFIED MAIL- RETURN RECEIPT REQUESTED
Mr. Rudolph Howell
P.O. Box 528
Smithfield, NC 27577
Re:
Attn: Mr. Howell
DWQ 010818
SR 1563
Johnston County
On May 5, 2001, the Division of Water Quality wrote to you concerning your plans to fill an unreported amount of
acres of wetlands and/or linear feet of streams regarding the proposed development in Johnston County. This letter
informed you that the project was incomplete and was being placed on hold until the additional information outlined in the
letter was supplied. To date, we have not received this additional information. Unless we hear from you in writing within 3
weeks of the receipt of this letter, we will consider that you no longer want to pursue this project and we will retire the file
and consider the application as withdrawn. Please be aware that reapplication for this project will require a Certification
fee and new applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
qan ours,
ohn Dorney
We 401 Unit Sul ervi or
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
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DIVISION OF WATER QUALITY
May 5, 2001
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CERTIFIED MAIL `
RETURN RECEIPT REQUESTED ^+ ^?
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Mr. Rudolph Howell
Post Office Box 528
Smithfield, N.C. 27577
Subject: Notice Of Violation
NBRRO 01-137
SR 1563
Johnston County
Dear Mr. Howell:
On Friday April 27, 2001 staff from the Raleigh Regional Office responded to a citizen's complaint relevant
to the grading and tree removal from this property. This site is referenced as NBRRO 01-117 and 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) {Neuse Buffer
Rules).
The site visit determined that the buffer along an unnamed tributary to Reedy Branch, a tributary to the
Neuse River, had been removed along approximately 1,000 feet of the unnamed tributary. In addition, over
1.0 acres of wetland onsite had been disturbed by stump grubbing in the area adjacent to the stream. The
Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the State shall be
protected. Therefore, the impacts to the riparian area and the stream referenced above is a violation of those
Rules which state the following:
.0233-Existing riparian areas shall be protected and maintained in accordance with Sub-Items
(3) of this Rule on all sides of surface waters in the Neuse River Basin (intermittent streams,
perennial streams, lakes, and estuaries). Riparian buffers adjacent to surface waters that appear on
the most recent versions of United States Geological Survey (USGS) 1:24000 scale (7.5 minute
quadrangle topographic maps or the soil survey map prepared by the Natural Resource Conservation
Service shall be subject to this Rule.
The removal or destruction of the riparian buffer along the unnamed tributary constitutes a violation of this
Rule promulgated under.0233(4) 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) of this Rule. Zone 1 shall begin 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
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
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Page Two
Howell NOV
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 Rule. Grading and revegetating 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 extend landward 20 feet as measured horizontally on a line perpendicular to the surface water.
The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water."
Section (6) Table of Uses states that grading and revegetating is allowed in Zone 2 only provided that
diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are
stabilized is an allowable activity if permitted by the Division of Water Quality.
A State issued 401 Water Quality Certification is required before any impacts are allowed to occur within
the 50 foot riparian buffer. No unpermitted land disturbing activities are allowed in Zone 1 and no approval
has been located for these activities. Therefore, the removal of the buffer vegetation is unpermitted and in
violation of North Carolina General Statutes.
You are required to respond to this Notice Of Violation within 10 days of its receipt. Your response should
be directed to me at 1628 Mail Service Center, Raleigh, North Carolina, 27699-1628. Please provide any
and all information relevant to the activities that have occurred, an alternative analysis that details the
necessity of the removal of the buffer, and the dates of operation on this site. 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, please contact Mr. Steve
Mitchell or myself at the Raleigh Regional Office, telephone number [phone].
Sincerely,
Kenneth Schuster, E.
Water Quality Regional Supervisor
cc: RRO/CO Enforcement
John Dorney
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200120789
County: Johnston
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOAI??CE
Responsible Authorized
Party Rudolph Howell Agent_ T_ _T_ n;
Address Post Office Box 528 Address
Smithfield. NC 27577 i?
Telephone Number 919-934-4625 Telephone Number
Size and Location of Property (waterbody, Highway name/number, town, etc.): The.,
located on the southwest side of US 70 Business, approximately 0.5 mile north of the intersection with SR
1653, north of Smithfield, Johnston County, North Carolina. The site is adjacent to an unnamed tributary
of Reedy Branch, above headwaters, in the Neuse River Basin.
Description of Unauthorized Activitv / Permit Noncomnliance:
Indicate Which of the Following Art6lvc 1)
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permi X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you. If you need further information about the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Remedial Action Requested: Approximately 1.0 acre of wetlands on site shall immediately be seeded
with wetland seed mix (or other approved mix of seed), and shall be replanted by October 31, 2001 with
wetland trees at a spacing of 320 stems per acre. Additionally, slash piles on site may be burned or moved
out of wetlands, and ditch (located along tree line on north side of clearing) shall be refilled and returned
to grade. Mounds of soil on remainder of site may be smoothed out and returned to grade prior to seeding
and planting.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Party Signature
Regulatory Project Manager Signature
Date
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CF: Steve Mitchell, NCDWQ, Raleigh Regional Office, 1628 Mail Service Center, Raleigh, NC 27699-1628