Ver - Notice of Violation - 9/28/2008

of W ATF9
0 Michael F. Easley, Governor
O William G. Ross Jr., Secretary
vj 7 North Carolina Department of Environment and Natural Resources
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p Coleen H. Sullins, Director
Division of Water Quality
September 28, 2008
RBAG/Walnut Creek, LLC
Attn: Mr. Ryan Bartok
8628 Reames Road
Charlotte, North Carolina 28216
Subject: Neighborhoods at Walnut Creek
Neuse Buffer Rules
Dear Mr. Bartok:
On March 3, 2008, the Raleigh Regional Office of the Division of Water Quality (DWQ)
issued a Notice of Violation (NOV-2008-PC-0017) to RBAG/Walnut Creek, LLC for
violations at the Neighborhoods at Walnut Creek Subdivision located at 1600
Sunnybrook Road in Wake County, North Carolina. The stream on the site is Walnut
Creek, Class C NSW waters, in the Neuse River Basin. The NOV Requested Response
Item #3 stated, "Your restoration plan should also show how you will achieve diffuse
flow as required by Neuse River Buffer Rule 15A NCAC 2B .0233."
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 include intermittent streams, perennial streams, lakes, ponds and estuaries.
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).
Neuse Buffer - Diffuse Flow - 15A NCAC 02B .0233 (5) (a) & (b) requires that:
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted
to diffuse flow before the runoff enters Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede
the formation of erosion gullies.
None Carolina
AWAMMI&
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
Page 2
Neighborhoods at Walnut Creek
Wake County
The Table of Uses (15A NCAC 02B .0233(6)) lists as "Prohibited" the following, "New drainage
ditches, roadside ditches and stormwater outfalls that do not provide control for nitrogen before
discharging through the riparian buffer."
The Requirements for Categories of Uses (15A NCAC 02B .0233(7d)) describes, "Uses designed
as prohibited may not proceed within the riparian buffer unless a variance is granted pursuant to
Item (9) of this Rule. Mitigation may be required as one condition of variance approval." Item
(9) describes the variance procedure.
A use shall be considered existing if it was present within the riparian buffer as of July 22, 1997
(15A NCAC 02B .0233(3)(b)(i)). The City of Raleigh Inspections Department issued a Land
Disturbing Permit for 1600 Sunnybrook Road on October 4, 2000 to property owner Jessie-Fam
LLC.
It is the position of this office that the Neuse Riparian Buffer Rules apply to the subject
subdivision. Please submit your restoration plan to the DWQ Raleigh Regional Office to show
how you will achieve diffuse flow as required by Neuse River Buffer Rule 15A NCAC 2B.0233
or submit a variance request to DWQ Wetlands & Stormwater 401 Certification Unit, Mail
Service Center 1650, Raleigh, NC 27699-1650. The variance request forms can be found on the
NC Department of Environment and Natural Resources website at the following web address:
htti):Hh2o.enr.statel.nc us/newetiands/Rii)arianBufferRuies htm. Please send a copy of the
variance application to Natalie Landry, DWQ Raleigh Regional Office, 3800 Barrett Drive,
Raleigh, NC 27609.
Thank you for your attention to this matter. Should you have any questions regarding these
matters, please contact Natalie Landry at [phone].
Sincerely,
y Smith
I aleigh Regional Supervisor
Surface Water Protection Section
cc: John Hennessy, NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Cyndi Karoly - 401 Oversight and Express Permits Unit
RRO - Water Quality Files
Chris Bridgers, City of Raleigh, PO Box 590, Raleigh, NC 27602-0590