2605 Neuse River Riparian Buffer Violations _ 2020 Dec 9

ROY COOPER
Gavemor
MICHAEL S. RECAN
Scarlary
S. DANIEL SMITH
Dlrrelar
NORTH CAROLINA
E"vtraatsrrlal Quality
December 9, 2020
CERTIFIED MAIL #7017 2680 0000 2235 9103
RETURN RECEIPT REQUESTED
Larry Dean Ward 2508
2300 Parkway Drive
Raleigh, NC 27603
Subject: Notice of Violation -Notice of Intent to Enforce
NOV-2020-PC-0377
Neuse River Riparian Buffer Violations
Address of Site: 2605 Brookwood Drive, Raleigh
Wake County
Dear Mr. Ward:
On August 20, 2020, Stephanie Goss and Rick Trone from the Raleigh Regional Office (RRO)
of the Division of Water Resources (DWR) investigated a report of a riparian buffer violation at
the above referenced site.
The following observations were noted during the site inspection (See Attachment I for feature
designations):
• The stream labeled as "Stream A" on Attachment 1 is depicted on the Wake County Soil
Survey and is located in the Neuse River Basin.
• Stream A is subject to the Neuse Riparian Buffer Rules (I 5A NCAC 02B .0714 (3)).
• The pond labeled as "Pond I" on Attachment I is depicted on the Wake County Soil
Survey and USGS Topographic map Iocated in the Neuse River Basin.
• Pond I is subject to the Neuse Riparian Buffer Rules (I5A NCAC 02B .0714 (3)).
• Stream A is an unnamed tributary to Swift Creek which is classified as Water Supply HI
(WS-III), Nutrient Sensitive Waters (NSW).
• DWR staff observed the removal of trees, multiple mulch piles and grading in Zone I and
2 of the riparian buffer of Stream A for approximately 640 linear feet (Photographs 1-3).
• DWR staff observed the removal of trees and grading in Zone 1 and 2 of the riparian
buffer of Pond 1 totaling approximately 12,500 square feet (Photographs 3-5).
.�. Nonh Coratlna Dcparimeal of Envlronmcnlol QuiRly Dlvlslan of water Resources
�, •�A' Raleigh Regional offke . 3800ILirrrll Drive - RalclgK North Carolina 2M9
�i"�'%"!! 919.7914200

2605 Brookwood Drive
NOV-2020-PC-0377
Wake County
Page 2 of 5 -
As a result of the site inspection, the following violations described below, are noted:
Item I. Neuse River Basin Ri arian Buffer -Vegetation
The Neuse River Basin is subject to the riparian (streamside) buffer rules covered under North
Carolina Title 15A NCAC 0213 .07I4. The purpose of these rules is to protect and preserve
riparian buffers in the Neuse River Basin that help protect surface water by removing nutrients
from overland flow. The North Carolina buffer rules apply to areas immediately adjacent to
surface waters which include intermittent streams, perennial streams, lakes, ponds, and estuaries.
The protected riparian buffer has two zones: Zone 1 is measured from the stream bank landward
for 30 feet. Zone 2 is measured an additional 20 feet landward from the outer edge of Zone 1.
Both Zone I and Zone 2 consist of a stable vegetated area that is undisturbed except for activities
and uses provided for in item (1 1) of 15A NCAC 213 .0714(8).
Requested Response:
You are requested to immediately- address the below items in writing within 30 days of
receipt of this letter.
Please submit a Restoration Plan to this office for review and approval. You are encouraged to
secure a consultant to assist you with your plan development necessary to achieve compliance.
This plan must address the following locations/areas: the riparian buffer removal of Stream A
and Pond I as approximately outlined in green on Attachment 1.
I . Riparian Buffer Violations Please submit a Riparian Buffer Restoration Plan to this office
for review and approval. This plan must be developed to ensure that a minimum of four
native hardwood tree species and native shrub species, «here no species is greater than 50
percent of stems. A vegetation plan must ensure a standard of 260 trees per acre at
maturity. This plan must include the types of native woody vegetation selected, methodology.
of planting, and a site map indicating the location of the replanting efforts.
2. Removal of Fill: All debris (mulch piles) placed in Zone I and 2 of the riparian buffer must
be removed
3. Erosion control Please address the control measures that w ill be used for temporary
stab iIizationlsediment control while this work is tinder way. Please proN.ide a schedule with
dates by which this work hill be completed. As a part ofyour restoration plan, it is required
that you include a permanent stabilization plan for the disturbed areas.
4. Plan and Schedule. Please provide a detailed schedule with dates explaining when the
restoration will be accomplished. This schedule should include a one-year monitoring plan to
ensure that the riparian buffers are restored.

2605 Brookwood Drive
NOV-2020-1'C-0377
Wake County
Page 3 of 5
Environmental damage and violations of North Carolina Administrative Codes have been
documented for the subject site as stated above. Your efforts to undertake activities to bring the
subject site back into compliance is not an admission, rather it is an action that must be taken in
order to begin to resolve ongoing environmental issues.
These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters,
please contact Stephanie Goss at [phone] or via email at Stephanie.goss U ncdenr.eov.
Sincerely,
�S 0"U Signed
by:
� U.A �
� BCOA9MSNA4BD...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Attachment I
cc: DWQ RRO file copy
Photograph 1: Buffer removal and fill in Zones I and 2 of Pond I and Stream A

' 4� tip; ti� •'tv F� •=.��A;�:_� ._ �. ,..} r s, 'yy+�r.++� , .._ ,
;. : • _ =
ism
A
yY L.r4..l. ._��'.'�. SGr _M1 ':.. _. �,�� �}R1T'� _:.. :}r-._ilx•
_ � __ y' � 1. � ^J,l �..' f. :,LM - ._�{-4 S..•
-�`•qe=

fir.'
"y, *• 5- .w �r '+ , t � R5 ' +4'S� 1 'i' t�.# ' 4�L; yL .,pl�L '
y
N.
f 5r,} a .t+kr •iL }fT,rSi Ta - F xT�'
Jr + •xf� }" t f A4111
�� .4 I � f� 3i.. �k'. �' F}�� >'a 1y � 4 h: .. r �•1 � r ' �4{f ��
it
•I� * S
S (.i^-. yi+ -+��1wlrii✓" Tit
�� � � `�3C�J' � jfdF _•
t..
72' .
-•i4 x T� � T A ` - Yam. t rx
' Y' 1