Oak Park Road and St. Giles Street

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES.
April 12, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lyle Gardner
7706 Six Forks Road
Raleigh, NC 27615
RE: Notice of Violation
DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
Neuse Basin Rules Violation
NBRRO 00 -079
Unnamed Tributary of Crabtree Creek
[Meuse R. Basin 03- 04 -02, 27- 33 -(10), C NSW]
Oak Park Road & St. Giles Street, Raleigh, Wake County, NC
Dear Mr. Gardner,
On February 11, 2000, in response to a citizen's complaint, NC Division of Water Quality
( NCDWQ) / 401 Certification Unit staff conducted a site visit of the subject property located near
the intersection of Oak Park Road and St. Giles Street, Raleigh, Wake County, NC. It was
determined that an unnamed tributary stream to Crabtree Creek is located on the subject property.
This unnamed tributary stream, bisects the property, is subject to both the Neuse River Basin
Riparian Area Protection Rules (15A NCAC 2B .0233) and the 401 Water Quality Certification
regulations. This project is referred to by the NCDWQ Raleigh Regional Office as NBRRO 00-
079.
. The Division Staff observed that vegetation along approximately 60 linear feet of
protected riparian buffer was cleared. A pipe and fill was placed within the stream and streamside
buffers for a proposed driveway crossing. Fill and grading was observed within Zone 1 and 2 of
the protected riparian buffers for approximately 20 to 30 feet either side of the driveway crossing.
Division staff contacted you regarding these impacts and informed you that a Notice of
Violation (NOV) letter was forth coming. Division staff also informed you as to why this activity
was in violation of state regulations and briefly explained the regulations to you. Also, the
Division staff sent you a copy of the rules and additional materials to allow you to send in an after-
the-fact request for a "No Practical Alternatives" determination.
The impacts to the protected riparian areas referenced above are in violation of the Neuse
River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of
Existing Riparian Areas, Administrative Code T15A: 02B .0233 which states the following:
. "PURPOSE. The purpose of this Rule shall be to protect and preserve riparian buffers in
(the Neuse River Basin to maintain their nutrient removal functions. [.0233(1)]"
"APPLICABILITY. This Rule shall apply to 50 -foot wide riparian buffers directly
adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial
streams, lakes, ponds, and estuaries), excluding wetlands. ...[.0233(3)]'."
1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699 -1628
PHONE 919-S71-4700 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED /10% POST- CONSUMER PAPER

"ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows: (a)
Zone 1 [inner 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in
Item (6) of this Paragraph....(b) Zone 2 [outer 20 feet] shall consist of a stable, vegetated area that is
undisturbed except for activities and uses provided for in Item (6) of this Paragraph .... [.0233(4)(a)(b)]"
The activity of clearing the vegetation and grading in Zone 1 (20 to 30 feet either side of the driveway
crossing) is designated as "prohibited" under section .0233(6) of the rules and is therefore not allowed to occur
within the buffers. The activity of clearing, piping and filling within the protected riparian buffers for the driveway
crossing ( >25 feet wide) is designated as "allowable" and would have required a "No Practical Alternatives"
determination and written authorization from the Division (and is therefore in violation until written authorization
from the Division is received). These violations are subject to a civil penalty of up to $25,000 per day for each
violation. It should also be noted that the Division is investigating whether this activity has violated turbidity (and
other) water quality standards.
The Division recommends that no additional activities occur within the protected riparian buffers, until
these violations have been resolved and the impacted areas brought into compliance. To accomplish this, the
Division recommends that the responsible parties submit an application for the proposed activity to the Division for
review stating how the area will be brought back into compliance. The Division recommends that this application
include the following:
(1) All of the information identified under the request for a "No Practical Alternatives" determination
[15A NCAC 2B .0233(8)(b)] be submitted to the DWQ 401 Certification Unit, 1621 Mail Service
Center, Raleigh, NC 27699 -1621 within a Pre - Construction Notification Form (7 copies) with a
cover letter identifying that the activity is currently in violation.
(2) Provide the total length of streamside vegetation that was impacted and the area of restoration
(impacts outside of the driveway crossing).
(3) Provide information stating why the impact occurred without prior Division approval and why the
driveway crossing needs to be greater than 25 feet wide.
(4) Provide a site layout plan indicating the location of the houses to be placed on the lots and the
extent of the protected riparian buffers. (Houses and buildings are designated as "prohibited" and
are therefore not allowed within the buffers.)
(5) A vegetation plan to re- vegetate the entire 50 -feet of impacted buffers (outside of the driveway
crossing). This vegetation plan should allow for at least two native hardwood tree species planted
at a density to provide for 320 trees per acre at maturity.
(6) Provide a schedule with dates indicating when certain activities will be accomplished.
To potentially avoid an enforcement action by the Division, please be sure to provide information as to why
the impacts to the stream channel and associated buffers occurred and whether your plans for this site will require a
401 Water Quality Certification. The attached Pre - construction Notification Application Form for Nationwide
Permits can be used to apply for existing and other planned impacts.
Please respond to this Notice in writing within 10 days of its receipt detailing when and how you plan to
come into compliance. Your response should be directed to Mr. Ken Schuster, Raleigh Regional Office Supervisor,
1628 Mail Service Center, Raleigh, NC, 27699 and copied to Mr. Bob Zarzecki, 1621 Mail Service Center, Raleigh,
NC 27699 -1621. This response should include the PCN application in order to perform the after - the -fact "No
Practical Alternatives" determination (one copy attached with your response to Mr. Ken Schuster and seven copies
attached to your response to Mr. Bob Zarzecki).
Please be aware that this activity will most likely require the use of a Nationwide Permit for the stream
crossing (possibly requiring pre - construction notification). The coordination of the use of this permit should be
made through both the US Army Corps of Engineers and NC Division of Water Quality. Notification may not be
required if the activity follows the General Conditions for the certification. These can be found on our web page
http://h2o.enr.state.nc.us/ncwetlands/.

Thank you for your attention to this matter. Please thoroughly address information that you wish to
provide. If you have any questions regarding this Notice or need additional information please contact Mr. Bob
Zarzecki at 919- 733 -9726 or Steve Mitchell at 571 -4700.
Sincerely,
Kenneth chuster
Raleigh Regional Office Supervisor
Cc: Central /RRO Files
Bob Zarzecki / NCDWQ 401 Certification Unit
Todd Tugwell / USACE Raleigh Regulatory Field Office

RALEIGH'S EXCLUSIVE
SOIITffERNLIVINC© CUSTOM HOME BUILDER
Mr. Ken Schuster
NCDENR
Raleigh Regional Office Supervisor
1628 Mail Service Center
Raleigh, NC 27699 -1621
Re: NBRRD 00 -079
Notice of Violation
Dear Mr. Schuster:
MAY 4 2000
�A
April 279 2000
O
0 00135
Please find enclosed our application for an after the fact request for a "no practical
alternative" determination for installing driveway pipe and drive on lot 1 Oak Park
Subdivision and removing a downed tree and stump on lot 2 within the raparin
buffer. I have addressed the six application items as follows:
1. Seven copies of the application to Bob Zarzecki.
2. Total length stream side vegetation impacted outside of the driveway is 30
feet. The area of restoration is approximately 2,500 square feet.
3. The impact occurred without prior division approval, because when we
contacted the City of Raleigh permit department, we were informed if
less than 12,500 square feet were cleared on each lot, a permit was not
required. The driveway on lot 1 needs to be greater than 25 feet, due to
the steep slope of the lot, away from Oak Park drive, requiring fill to
reduce the driveway slope gradient. We installed 30 feet of pipe in the
stream in order to have 18 feet at the top of the fill for the driveway and
shoulders.
4. A site layout plan is attached showing the proposed house locations on
each lot. The stream location is marked as a 20 -foot drainage easement.
5. Our plan to re- vegetate impacted buffers outside of the driveway crossing
includes seeding all disturbed areas on April 17, 2000 with millet to
provide immediate stabilization. Once the construction of the houses on
lot 1 and 2 are complete, we will permanently seed with Fescue and plant
two Native hardwood trees species at a density to provide 320 trees per
acre at maturity. For 2500 square feet this results in 18 trees.
7706 Six FORKS ROAD - Surf[_ 202 • RAI-J- ICI -I. NORTH CAROLINA • 27615 `k
PHONE [phone] - FAX: [phone]

PE -P I
HOME\SY1 NC.
2-
RALEIGH'S EXCLUSIVE
SOUTTIERNLIVIjVC- CUSTOM HOME BUILDER
6. Schedule of activities
4/17/00 seed disturbed areas with millet
11/17/00 permanently seed disturbed areas with fescue and plant
18 hardwood trees (two native species)
7. Photos of Oak Park lots prior to clearing showing downed trees and
stumps supporting the request of no practical alternative.
If you require additional information, please call me at 848 -2041.
Sincerely,
Lyle Gardner
cc: (7) copies Mr. Bob. Zarzecki,
NCDENR
Raleigh Regional Office Supervisor
1628 Mail Service Center
Raleigh, NC 27699 -1621
7706 SIX FORKS ROAD - SUITE_ 202 - RAL.I_IGI -I, NORTH CAROLINA - 27615
PI -IONe: 919/848 -2041 - FAX: [phone]

000��5
CORPS ACTION ID:
s
NATIONWIDE PER.tiffT REQUESTED (PROVIDE NATIONWIDE PERMIT T)
PRE - CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION VoTtH -r HE NC DMSION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN!
(7) COPIES MUST BE SEN-' TO THE NC DIVISION OF WATER
QUALITY ATTN'• JOBNi DORNEY 4401 REEDY CREEK ROAD.
RALEIGH. NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Gardner Land Co. LLC
2. MAILING ADDRESS: 7706 Six Forks Rd.. Suite 200
SUBDMSION NAMEME
Oak Park
CITY: Raleigh STATE: NC ZIP CODE: 27615
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Lots 1; 2 and 3 of Oak Park
3
Subdivision located on Oak Park Rd.; Raleigh; NC 27615; Wake County Book of Maps
1964 Volume 1 Page 7
TELEPHONE NUMBER: (HOME) 919 =271 -5460
(WORK) 919 -848 -2041
4 IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Lyle D.-.Gardner
7706 Six Forks Rd.
Raleigh, NC 27615
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wake _NEAREST TOWN: Raleigh

From the,..
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT•)
intersection of US 70 and NC Hwy 50, go West on US 70 for approx.2 miles.
Turn left on Holly Ridge Rd., take the immediate right. Go to the stop
sign and turn left on Oak Park Rd., the site is a 1/4 mile on th:a.r_ight.
unamed stream
6. IMPACTED OR NEAREST STREA:NURIVER:
Neuse River Basin
RIVER BASDi:
7a. IS PROJECT LOCATED NEAR WATER CLASS=D AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDENG RESOURSE WATERS (QRW), WATER _
SUPPLY (WS -I OR WS -II)? YES ( ) NO ( X ) IF YES, EXPLAIN:
7b. IS THE PROTECT LOCATED WTi �1 A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF EWIROME`NTAL CONCERN (AEC)? YES ( ) NO ( X .
7c. IF THE PROJECT IS LOCATED WIIrEN A COASTAL COUNTY (SEEPAGE 7 FOR LIST-OF
COASTAL COUNTES), WF.AT IS TEE LAND USE PLAN (LUP) DESIGNATION?
ga. . HAVE AWj SECTION 4o4 PE-L441TS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( ) NO (x)
F YESO LTE TO O PREVIOUS
pEplyg AND .' WL ADDITIONAL R►�TN IN (INCLUDE PHOPY OF 40
CERTIFICATION):
8b. ARE ADDITION
AL PERLNIIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
ARE? YES( ) NO (X) IF YES, DESCRIBE ANTICIPATED WORK-
Lot 1 is .43 Ac; Lot 2 is .53 Ac'".
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:
.Lot 3 is .7 Ac WETLANDS LOCATED ON PROJECT SITE:
9b. ESTIMATED TOTAL NUIfflER OF ACRES OF
0 Ac
10a. NUMBER OF ACRES OF WETLk NDS IMPACTED BY THE PROPOSED PROTECT BY:

f .
FILLING. _
FLOODING:
EXCAVATION:
OTHER
DRAINAGE:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STRE.,,�I CakiRTE- TO BE LNIPAC TED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE Ai',iD AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WID'T'H BEFORE (based on normal high water contours): 2.5 FIT
FT
AVERAGE DEPTH BEFORE: .5 FT AFTER: • 5
(2) STREAM CH,N-,NE. LW ACTS WT-L RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHr Ai`NEI. RELOCATION: PLACIyfE`IT OF PIPE IN CHANNEL.
x
CHANNEL EXCAVATION: COONSTRUCTION OF A DA,WFLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRALYNG TO THE POND ?`�T T`" c
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF 2)vfECHANIC-kL
EQUIPINIENT TO BE USED? (.A.T r.kCH PLANS; 31/2 BY I 1 DRAWINGS ONLY)
install driveway lot 1, clean up downed trees from Hurricane Fran
lots 1 and 2
13. PURPOSE OF PROPOSED WORK: clear lots for construction of hamea nn
lots 1, 2 and 3
14. STATE REASONS U�DE :�NYB tE.S URES THAT ?.I�:v TO MINIMIZE WETI -A��TD Iv�iPACTS� IN
WETLANDS (INCL
No practical alternative

15. YOU ARE REQUIRED TO CONTACT THE US FISH An WILDLIFE SERVICE AND /OR
NATIONAL MARINE FISHERIES SERVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: `
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PER.IvfIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES THE PROJECT DTVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( X ) (IF NO, GO TO i6)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN E`1VIRONIN=- AL
DOCUMENT PURUANT TO THE REQUIREN=' S OF THE NORTH CAROLINA
ENVIRONI Ev=- AL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTM=- OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN, SUBMIT APPROPRIATE DOCUlvMNTATIONFROM THE STATE
CLEARINGHOUSE Vv= THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEP RTIN NT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603 -8003, TELEPHONE [phone].
18. THE FOLLOWING ITEM - S SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTNITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREkMS, LAKES; A��-D
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAM (INTEp_Mr `TF`IT AND PERmANEN 1� ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLA.`IDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHITS RELEVANT TO THE PLACEWENT OF THE DELINF —kTION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?

f. IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
City of Raleigh
a-
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLAl"lDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUA.`iCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
;) (Tit THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DMSION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTF -N- T WITH THE NORTH CAROLINA COASTAL -
MANAG`tT PROGRAM,
4/27/00
OWNE.,t' lAGE`JT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED)..

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