NOV-2008-WQ-0087 Ver 1_Notice of Violation_20081015

OF I NA 7'F
\OG Michael F. Easley, Governor
I 9o
William G. Ross Jr., Secretary
0 North Carolina Department of Environment and Natural Resources
"I Coleen H. Sullins, Director
Division of Water Quality
October 15, 2008
CERTIFIED MAIL # 7006 2150 0000 3312 8277
RETURN RECEIPT REQUESTED
Kinh Nguyen
4612 Drewbridge Way
Raleigh, NC 27604
Subject: NOTICE OF VIOLATION
NOV-2008-WQ-0087
Incident # 200802883
35.80990° N, -78.56293° W
PIN 1734090629
Neuse River Riparian Buffer Violation
Wake County
Dear Sir or Madam:
On October 14, 2008, Lauren Witherspoon from the Raleigh Regional Office of the
Division of Water Quality (DWQ) conducted a site inspection at 4612 Drewbridge Way
in Raleigh, Wake County, North Carolina. The stream on the site is an unnamed tributary
(UT) to Crabtree Creek, Class NSW waters, in the Neuse River Basin.
During the site inspection, Ms. Witherspoon made the following observation:
• Clearing of vegetation had impacted Zone 1 and Zone 2 of the Neuse River
Riparian Buffer along approximately 50 linear feet of the UT to Crabtree Creek
(totaling approximately 2,500 square feet of riparian buffer impacts).
As a result of the site inspection, the following violation, described below, is noted:
Item I. Neuse River Riparian Buffer Violation
The Neuse River Basin is subject to the riparian (streamside) buffer rules covered under
North Carolina Title 15A NCAC 02B .0233. The purpose of these rules is to protect and
preserve riparian buffers in the Neuse River Basin that help protect surface water by
removing nutrients from overland flow. The North Carolina buffer rules apply to areas
immediately adjacent to surface waters which includes intermittent streams, perennial
streams, lakes, ponds, and estuaries. N14pOne
?i hCarolina
A-atura!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr. state. nc. us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
4612 Drewbridge Way
Page 2
Wake County
The protected riparian buffer has two zones: Zone 1 is measured from the stream bank
landward for 30 feet. Zone 2 is measured an additional 20 feet landward from the outer
edge of zone 1. Both Zone 1 and Zone 2 consist of a stable vegetated area that is
undisturbed except for activities and uses provided for in item (6) of 15A NCAC 2B
.0233(4).
Required Written Response
You are directed to respond to this letter in writing within 30 days of receipt. You are
also encouraged to secure a consultant who specializes in buffer restoration to assist you
with the development and submittal of the following:
Documentation depicting all jurisdictional features (e.g. streams and buffers). A
description and quantification of the impacts to those jurisdictional features and
your plans to avoid further riparian area impacts on the site.
2. A Riparian Buffer Restoration Plan for DWQ review and approval. Please clearly
indicate the site conditions as they currently exist and how you propose to restore
the riparian buffers.
Riparian Zone planting - Please submit a Restoration Plan 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. This density is usually achieved by planting approximately 436
trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an 8 ft. x 8 ft. grid.
Please see the Guidelines for Riparian Buffer Restoration (October 2004) for
assistance in developingyour plan (available on the web at:
http://www.nceep.net/news/reDorts/buffers.pdf). Be sure to include the types
of native woody vegetation selected, methodology of planting, and a site map
indicating the location of the replanting efforts.
Include a detailed implementation schedule with dates explaining when the
buffer restoration will be accomplished. This schedule should include a
three-year monitoring plan to ensure that the riparian buffer is restored. It
is important that you adhere to this new plan once approved by DWQ and if
you make any modifications to it, that DWQ approve them.
Finally, please explain how you propose to prevent these problems from reoccurring on
future projects.
Submit Requested Items To:
Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
4612 Drewbridge Way
Page 3
Wake County
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations
are subject to a civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact Lauren
Witherspoon at [phone].
rely,
Danny S/ater Regionaisor
Surface rotectio n Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
Cyndi Karoli - 401 Oversight and Express Permits Unit
RRO - Water Quality Files
Talis Management Group, Attn: Dick Stevens, P.O. Box 99149, Raleigh, NC 27624