20041701 Ver 1_Notice of Violation_20070625

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Kirby Marshburn
6901 Lake Myra Road
Wendell, NC 2759
Jake Taylor
Pollution Monitoring Services Inc.
2801 Sandia Drive
Raleigh, NC 27607
Dear Gentlemen:
June 25, 2007 ~ a-y I a'O o t-}
Subject: Buffer Restoration Plan
Stonewater Subdivision
DWQ # 20041701
Carl Williamson Road and Stoney Oak Lane -Raleigh, NC
Neuse River Riparian Buffer Violation
Wake County
The Division of Water Quality (DWQ) Raleigh Regional Office has reviewed the Riparian Buffer and Stream
Remediation Plan (Restoration Plan) dated May 7, 2007 for the above-referenced property, which was received in
our office on May 23, 2007. This office also reviewed the follow-up addendum dated June 4, 2007 and related
emails from Jake Taylor from May and June of 2007. In addition to reviewing the Plan, DWQ conducted a site
inspection on June 20, 2007 and also obtained comments from the 401 Wetlands Unit and the NPS Assistance and
Compliance Oversight Unit.
From the DWQ site visits and file review, the DWQ Raleigh Regional Office approves your restoration plan
provided that you achieve compliance with the following items:
1) Before you begin any stream or stream bank stabilization activities, you must wait for an approval for
modification from the 401 Wetlands Unit to accurately reflect the amount of buffer and stream
impacts. Detailed design drawings should be included in your application/modification to the 401
Wetland Unit.
2) The level spreaders appear to be installed as per our conversations and your restoration plans.
However, you are responsible for ensuring these level spreaders remain functional. Ongoing
maintenance maybe required to ensure that diffuse flow will be maintained through the buffer.
3) You will be responsible for ensuring the survival of the vegetation you have already planted. If the
vegetation does not survive, you must replant during the appropriate season.
4) You must also send your application/modification the US Army Corps of Engineers to modify your
404 Permit.
5) Provide a detailed projected timeline for completion of the restoration.
6) Once the planting plan has been completed, please contact Vicki Fuentes at the DWQ Raleigh
Regional Office to conduct apost-planting site inspection of the restoration area
7) You must submit and implement a monitoring plan for the site. This monitoring plan must contain the
following:
a. Field inspection and written accounts must minimally include a determination of whether the
restored area has become unstable, if measures constructed as a part of the restoration efforts have
failed or are failing, and if planting efforts have failed or are not surviving. This information must
be available for DWQ review upon request as well as provided to DWQ during the annual reporting
requirements.
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
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phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Stonewater Subdivision
Carl Williamson and Stoney Oak Lane
Page 2 of 2
6/25/06
b. The monitoring timeline must begin upon the completion of restoration plan. The restoration
monitoring frequency must occur at a minimum every three months, for a three (3) year duration.
Quarterly monitoring reports, which include any actions taken, should be submitted to the Raleigh
Regional Office and the NPS Assistance and Compliance Oversight Unit.
c. Within 60 days of the completion of the restoration plan, a written report must be provide to DWQ
detailing the result of the restoration efforts.
d. If monitoring efforts or DWQ inspections confirm areas have become unstable, if measures
constructed as a part of the restoration efforts have failed or are failing, and if planting efforts have
failed or are not surviving, if restored areas are rilled, sloughing, or eroding, responsible personnel
must undertake repairs or corrections immediately (within 20 days of the observation or notification
by DWQ). The repair efforts must be photographed and a record (including dates) of the repairs
must be maintained and included as apart of the reporting requirements.
8) For the period specified above, responsible personnel must submit a written report annually, by June 1
of each year.
This office requests that you respond to this letter in writing within 30 days of receipt of this letter. Please send your
response to:
• Vicki Fuentes, Department of Environment and Natural Resources/DWQ, 3800 Barrett Drive, Raleigh, NC
27609: and to:
• Shelton Sullivan of the DWQ NPS Assistance and Compliance Oversight Unit at 1617 Mail Service
Center, Raleigh, NC 27699-1617.
A written response agreeing to the conditions detailed above, signed by the responsible party, is requested to be
forwarded to the office at this letterhead address. Should you have any questions regarding these matters, please
contact Vicki Fuentes or myself at [phone].
Sincerely,
v V
Charles Wakild
Water Quality Regional Supervisor
cc: Cyndi Karoly, 401 Wetlands Unit, DWQ # 20041701
Shelton Sullivan -DWQ NPS Assistance and Compliance Oversight Unit
RRO/SWP
Central Files
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748