Liggon Mill Rd. Logging Site NOV

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a r"'' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
DIVISION OF WATER QUALITY
June 1, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Frederick W. Lewis, Jr.
116 Archwood Ave.
Annapolis, Maryland 21401 -3443
Subject: Notice of Violation
Liggon Mill Rd. Logging Site
Neuse River Basin Riparian Buffer Rules Violation
Wake County
Dear Mr. Lewis,
On May 5, 2000, staff of the Division of Water Quality Raleigh Regional Office
conducted a site visit of the subject tract. Observations indicated that two permanent
stream crossings had been made, a trench had been dug and hydraulic fluid appeared to be
in the ditch, there appears to be no stabilization on site (there was.scattered grass seed in
sporadic spots and hay bales are now ineffective), and the silt fence around the stream
crossings have been overtopped with sediment reaching the stream.
It was determined May 1, 2000 by Don Watson of the NC Division of Forest
Resources that the site was non - compliant according to Forest Practices Guidelines. Since
the site was found out of compliance, it is now in violation of the Neuse River Basin:
Nutrient Sensitive Waters Management" Strategy; Protection and Maintenance of Existing
Riparian Areas Administrative Code TI 5A: 02B .0233 (NCAC .0233).
It has been determined that the buffer along the Unnamed Tributary to Smith Creek
(Class C -NSW) has been removed/impacted by the placement of two large road crossings,
filling and grading, and the installation of stormwater control structures. These impacts to
the stream have resulted in the placement of backfill into or adjacent to the channel. A state.
issued 401 Water Quality Certification is required before any impacts are allowed to occur
in the Neuse River Basin. Therefore, .the road crossing is unpermitted and in violation of
the Clean Water Act.
The Division of Water .Quality requires that a Pre - Construction Notification
Application (necessary to request an individual 401 Water Quality Certification) be
submitted for these impacts and for proposed future stream activities. Once rec
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Mr. Lewis NOV
Page 2
application will be reviewed. and the activities (previous and future) will be considered as one
project.
The impacts to the riparian vegetation referenced above are violations of the Neuse River
Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing
Riparian Areas, Administrative Code T15A: 02B .0233 (NCAC .0233) which states that existing
riparian areas shall be protected and maintained on all sides of surface waters in the Neuse River
Basin (intermittent streams, perennial stream, lakes, and estuaries). Maintenance of the riparian
areas should be such that to the maximum extent possible, sheet flow of surface water is
achieved. Any activity that would result in water quality standard violations or that disrupt the
structural or functional integrity of the riparian area are prohibited.
The removal of the riparian buffer constitutes violations of this Rule promulgated under .0233(3)
which states that 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) ... The location of Zone 1 shall be as follows:
...Zone 1 begins 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 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 Paragraph. Grading and revegetating
Zone 2 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 extends landward
20 feet as measured horizontally on a line perpendicular to the surface water. The
combined minimum width of Zones 1 and 2 shall be 50 feet on all sides of the surface
water."
On May 1, 2000, Don Watson marked the site non - compliant specifically pertaining to
the access road and trail stream crossing. He asked that all exposed soil be stabilized, that stream
channels be re- established, and that skid roads have measures installed to prevent future
sedimentation. Upon our visit on May 5, 2000, none of his requirements had been implemented.
There was still exposed soil that had not been stabilized (some grass seed had been spread but
had not taken root and hay bales had been put in some of the worst washed out areas but
appeared to be rotting and not preventing sedimentation from making it to the stream), the skid
roads leading to the stream crossing had no preventative measures (such as water bars) to prevent
sedimentation from reaching the stream, and the silt fence that had been put around the culvert
had been overtopped by sediment. These are violations of the Forest Practices Guidelines. The

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Mr. Lewis NOV
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Forestry Practices Guidelines state under "Putting the Site to Bed" that areas where potential
sedimentation could occur must be stabilized. Adequate ground cover should be provided to
prevent accelerated erosion. We are requesting that the site be stabilized immediately. All
exposed areas should be seeded and have straw put down, all stream channels should be re -.
established, and water bars should be put into place to prevent future sedimentation problems.
Also, silt fencing should be repaired immediately to prevent further sedimentation from entering
the stream; as well as, the sediment that has reached the stream should be removed as soon as
possible.
It was observed that there is a trench that has been dug before one of the road crossings.
This trench had water that appeared to have hydraulic fluid in it. General Statute 143- 215:83.(a)
states that "it shall be unlawful ... for any person to discharge, or cause to be discharged, oil or
other hazardous substances into or upon any waters, tidal flats, beaches, or lands within this
State, or into any sewer, surface water drain or other water that drain into the waters of this State,
regardless of the fault of the person having control over the oil or other hazardous substances, or
regardless of whether the discharge was the result of intentional or negligent conduct, accident or
other cause." The hydraulic fluid in the trench is considered in this case to be an unlawful
discharge. The General Statute also has a provision for the removal of the prohibited discharge.
It states in G.S. 143- 215.84(a) that "Any person having control over oil or other hazardous
substances discharged in violation of this Article shall immediately undertake to collect and
remove the discharge and to restore the area affected by the discharge as nearly as may be to the
condition existing prior to the discharge." Therefore, we are requesting that the hydraulic fluid
be cleaned up immediately. Please respond as to how the cleanup will proceed and projected
date as to when the cleanup will be completed.
You are required to respond to this notice within 10 days of its receipt. Please indicate
the dates of operation on this tract of land. Please address how this roadway and the related
stormwater outlets and sediment control measures came to be located within the buffer of the
unnamed tributary. Also, please demonstrate and provide this Office with an alternative analysis
that details the necessity of the road placement through the current pathway, Further, please
address how stormwater measures will achieve sheet flow prior to reaching zone 2 of the buffer
and discuss what efforts will be taken to restore the vegetative buffer. Your proposed repair to
the riparian area should include species to be replanted and a schedule with dates indicating when
activities will be accomplished. Also, please respond as to what measures have been put into
place to prevent further sedimentation and erosion from 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

Mr. Lewis NOV
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provide. If you have any questions regarding this Notice or need additional information, please
contact Robin Simpson at (919)571 -4700.
Sincerely,
Kenneth chuster, E.
Regional Water Quality Supervisor
cc: Robin Simpson, RRO
Central Files
Don Watson, NC Division of Forest Resources