20011043 Ver 1_General Correspondence_20080923

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Mr. James McGann
1012 Hidden Jewel Lane
Wake Forest, NC 27587
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
September 23, 2008
Subject Property: Smith and Austin Creek Restoration Site, Heritage Golf Course,
Wake Forest, NC
Dear Mr. McGann:
Thank you for meeting with Stephanie Horton of the North Carolina Ecosystem Enhancement
Program (EEP) and Rob Ridings and Amy Chapman of the Division of Water Quality (DWQ) on
September 3, 2008. We feel that by seeing the site together we were able to devise an
appropriate plan to address the issues at your site.
The area in discussion is state-owned property that is part of the EEP Smith and Austin Creek
Mitigation Site. Please note that stream mitigation projects are required to have forested buffers
according to the interagency Stream Mitigation Guidelines (2003). In addition, the site provides
riparian buffer mitigation credits for impacts to buffers protected under the Neuse Buffer Rule
(15A NCAC 213.0233).
It is important to note that the Neuse riparian buffers serve many important water quality
functions. These protected buffers remove nutrients from surface stormwater flow, provide bank
stabilization from the woody root structure, control the temperature of the stream by providing
shading, control flooding, and provide aquatic habitat from the fallen leaf litter in the stream.
During the site visit on September 3, 2008, you had acknowledged to DWQ and EEP that
mowing had occurred on the property adjacent to the stream behind your backyard on or around
the time you purchased the property in 2002, which is currently owned by the State. Mulch had
also been previously applied to both zones of the protected riparian buffer in this same area. Per
the Neuse Buffer Rule, mulch in Zones 1 and/or 2 of the buffer is prohibited. Also, mowing in
the buffer is strictly prohibited.
The activities that have occurred have resulted in violations of the Neuse Buffer Rule, as well as
violations of requirements for mitigation sites. In order for EEP to come into compliance with '
the requirements associated with stream and buffer mitigation sites, EEP will be planting trees in
the affected areas, and establishing permanent easement boundary marking. In order for you to
NorthCarolina
401 Oversight/Express Review Permitting Unit Natrrrally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state. ne.usncwedands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
James McGann
Page 2 of 2
September 23, 2008
avoid being cited for violations of the Neuse Buffer Rule, you must cease mowing within, or
otherwise disturbing, the buffer.
If you have any additional questions or require additional information please call Amy Chapman
or Eric Kulz at [phone].
Sincerely,
/C i B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Eric Kulz, DWQ, 401 Oversight/Express Review Permits Unit
Stephanie Horton, NC EEP
File Copy
Filename: 011043 Smith_AustinCreekRestoration(Wake)NOC