The URL can be used to link to this page

Home My WebLink About20201897 Ver 1_NOV-2021-PC-0538 GC_20211116ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director November 10, 2021 NORTH CAROLINA Environmental Quality CERTIFIED MAIL #7017 2680 0000 2236 8068 RETURN RECEIPT REOUESTED State of North Carolina Attn: N. David Smith 116 West Jones Street Raleigh, NC 27603-1335 Subject: Notice of Violation -Notice of Intent to Enforce NOV-2021-PC-0538 Stream Standard Violations Failure to Secure a 401 Certification Failure to Pay Compensatory Mitigation Project Athens, DWR Project #20201897 Address of Site: 5900 Chapel Hill Road, Raleigh Wake County Dear Mr. Smith, On October 4, 2021, October 12, 2021, and October 25, 2021, staff from the Raleigh Regional Office (RRO) of the Division of Water Resources (DWR) conducted site inspections at the above referenced site. On October 4, 2021, Stephanie Goss and Colleen Cohn from the RRO conducted a 401-compliance evaluation inspection. The following observations and violations were noted during the site inspection and subsequent file review (See Attachment 1 for feature designations): • The stream labeled as Stream S 1 on Attachment 1 is an unnamed tributary to Richland Creek and is classified as Class C, Nutrient Sensitive Waters (NSW) in the Neuse River Basin. • Stream S1 is depicted on the NRCS Soil Survey of Wake County and the USGS Topographic Map and is therefore subject to the Neuse Riparian Buffer Rules (15A NCAC 02B .0714 (3)). • DWR staff observed approximately 10 linear feet of Stream S 1 was impacted by the addition of a plastic culvert, fill and rock in the stream channel. This activity resulted in severe impacts to the stream, the streamside area and the streambanks (Photographs 1 and 2). • A file review confirmed that a Pre -Construction Notification was received by DWR on April 6, 2021 for this project and an Individual 401 Water Quality Certification (WQC) was issued on June 3, 2021. However, stream S 1 was not authorized to be impacted by the installation of a culvert/fill under the approved 401 WQC. A Buffer Authorization was issued on June 3, 2021 for impacts to the riparian buffers (only) at stream S 1 for a bridge crossing. • A file review confirmed that DWR has not received proof of payment for compensatory mitigation despite the requirement that until "proof of payment has been provided to this Office, no impacts specified in this [Buffer] Authorization Certificate shall occur." North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you: • Attach thls card to the back of the mallpiece, or on the front if space permits. a Slgnatu X B. Received by (Printed Name) D Agent 0 Addressee C. Date of Delivery 1 ArileJA Arida:moo i try STATE OF NORTH CAROLINA ATTN: N. DAVID SMITH 116 WEST JONES STREET RALEIGH, NC 27603-1335 NOV-2021-PC-0538 / NOV-INTENT TO ENFORCE / 70211117 5900 CHAPEL HILL RD / PR N 20201897/ WAKE COUNTY REC: 7017 2680 0000 2236 8068 / M 11/10/2021 0 Yes No NOV 1 6 2021 IlIlIlIlIlIll 11111111 11111 IIIIII IIIIIIIIIIIIII 3.Certified Mane 0/data � ur R��M�IIR 9590 9402 341 7227 6612 40 0 CertifiedI y o� tor 0 Collect on Delivery Merchandise 2. Article Number (1}ansfer from service latx+l) ❑ Coiled Delivery Restricted Delivery ❑ Signature Confrmation . all 0 Signature Confirmation 7017 2680 0000 2236 8068 palIRestrictedDelivery Restricted Delivery T m.�+rmzool PS Form 3811, July 2015 PSN 7530-02-000-9053 c0 -0 co m ru n-I D 17 co -D ru N ✓ 1 N Domestic Retum Receipt t U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery Information, visit our website al avrvw-usps.coni' . OFFICIAL USE Certified Mall Fee $ ces : Fees (check bar, add fee es appnWrrate) ❑ Return Receipt (hardcopy) S ['Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ ['Adult Signature Required S ❑Adult Signature Restricted Delivery $ Postage STATE OF NORTH CAROLINA ATTN: N. DAVID SMITH 116 WEST JONES STREET RALEIGH, NC 27603-1335 NOV-2021 • PC 0538 / NOV-INTENT TO ENFORCE / 20211112 5900 CHAPEL HILL RD / PR H 2O201897/ WAKE COUNTY REC: 7017 2680 0000 2236 8068 / M 11/10/2021 Postmark Here PS Form 3800, April 2015 PSN 7530.02.O90.9017 See Reverse for Instructions USPS TRACKNG # )19114111031 Unif§d States Pos 1 Se0e eV a 0 Q 7r O CS OE 7227 111 i I I I 6612 40 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• NCDEQ DIVISION OF WATER QUALITY RALEIGH REGIONAL OFFICE 3800 BARRETT DRIVE RALEIGH, NC 27609 a2