HomeMy WebLinkAbout20011043 Ver 1_General Correspondence_20080923 (2)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 10W l X64 3
Mr. James McGann
1012 Hidden Jewel Lane
Wake Forest, NC 27587
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 2B.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
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