20061299 Ver 1_Notice of Violation_20060908

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 8, 2006
Certified Mail
Return Receipt Requested
Ms. Cynthia Morris
5204 Richland Drive
Raleigh, NC 27612-3573
Subject: Notice of Violation
Site: 5204 Richland Drive
DWQ Project No. 06-1299
Wake County
Dear Ms. Morris:
On August 10, 2006 Lia Myott and Amy Chapman of the Division of Water Quality (DWQ)
conducted an inspection of the site in response to a complaint.
During the inspection, the investigators took pictures and observed that trees in an area of
approximately 500 square feet within Zones 1 & 2 of the protected riparian buffers had been
removed. The removal of trees within Zones 1 & 2 of the protected riparian buffers is a violation
of the Neuse Buffer Rules (15A NCAC 2B.0233).
The Neuse River Basin is a river basin that is subject to riparian buffer rules. The purpose of
these rules is to protect and preserve riparian buffers in the Neuse River Basin. That is, these
rule help to maintain the nutrient removal functions of the streamside areas necessary to protect
surface waters. Specifically, this Rule applies to the 50-foot wide riparian buffers directly
adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries).
Further, the protected riparian buffer has two zones as follows: (a) Zone 1 [measured from
stream bank landward for 30 feet] shall consist of a vegetated area that is undisturbed except for
uses provided for in Subparagraph (6) of 15A NCAC 2B .0233, and (b) Zone 2 [the outer 20
feet, landward from the outer 30 foot edge of zone I ] shall consist of stable vegetated area that is
undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A
NCAC 2B .0233.
Please submit a restoration plan for Zones 1 & 2 of the protected riparian buffers to this office
for review and approval. This plan must be developed to ensure that at least two native tree
species are planted at a density sufficient to provide 320 trees/acre at maturity. I have included a
copy of the Guidelines for Riparian Buffer Restoration to assistance you in developing your
plan.
401 Oversight / Express Review Pennitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
Nom` Carolina
Nturally

Cynthia Morris
Page 2 of 3
September 8, 2006
This Office requests that you respond to this letter in writing within 20 days of receipt of this
Notice. Your response should be sent to the attention of Amy Chapman at DWQ; 401
Oversight/Express Review,Permitting Unit; 2321 Crabtree Blvd; Suite 250; Raleigh, NC 27604.
Thank you for your attention to this matter. Please note violations are subject to civil penalty
assessment of up to $25,000.00 per day for each violation. Should you have any questions
regarding these matters, please contact Amy Chapman or Lia Myott at [phone].
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit
Enclosure: Guidelines for Riparian Buffer Restoration (Cynthia Morris only)
cc: Eric Kulz, Division of Water Quality Raleigh Regional Office
Division of Water Quality, Central Files
Division of Land Resources, Raleigh Regional Office
US Army Corps of Engineers- Raleigh Field Office
Danny Smith, Division of Water Quality, NPS Assistance and Compliance Oversight Unit
File Copy
File Name: 061299CynthiaMorris(Wake)NOV