NOV-2009-WQ-0007 Ver 1_Notice of Violation_20090211

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 11, 2009
CERTIFIED MAIL #7006 2150 0000 3313 4704
RETURN RECEIPT REOUESTED
Norma Aguilar
6509 Mitchell Mill Road
Zebulon, NC 27597
Subject: NOTICE OF VIOLATION
NOV-2009-WQ-0007
6509 Mitchell Mill Road
35.89019°N, - 78.43641° W
Wetlands Standards Violation
Wake County
Dear Ms. Aguilar:
On December 19, 2008, Lauren Witherspoon from the Raleigh Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection at the property located at 6509 Mitchell Mill Road in Wake County, North
Carolina. The stream on the site is Buffalo Creek, Class C NSW waters in the Neuse River Basin.
Accordingly, the following observations were noted during the site inspection:
o Approximately 0.13 acre of wetlands has been filled with earthen fill, bricks, and cinderblocks;
o A stream occupies the western boundary of the property. This stream is subject to the Neuse River
Riparian Buffer Rules.
As a result of the site inspection and file review, the following violation, described below, is noted:
Item 1. Wetlands Standards
The observed placement of fill in wetlands is in violation of I SA NCAC 02B .0231 (b) which reads as
follows:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
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North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30 days of
receipt. You are also encouraged to secure a consultant who specializes in wetland restoration to assist you with
the development and submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. streams, buffers, and wetlands). A description
and quantification of all the impacts to those jurisdictional features and your plans to avoid further
wetland impacts on the site.
2. Wetland Restoration Plan (fill impacts) - The fill in the wetland must be removed. As a part of this plan,
you should provide the amount (depth) of material that has been placed in the wetland. This information
should be depicted on a map you provide. The fill should be removed from the wetland, taken to high
ground (outside the buffer) and stabilized. Also, the plan must address the measures that will be used for
temporary stabilization/sediment control while this work is under way.
3. Please note that the Neuse River Riparian Buffer encroaches inward from the western property boundary
(Buffalo Creek). This area is comprised of a 50-foot protected area.
Include a detailed implementation schedule with dates explaining when the wetland restoration will be
accomplished. It is important that you adhere to this new plan once approved by DWQ. If you make any
modifications to the approved plan, DWQ must approve them prior to implementation.
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
Thank you for your attention to this matter. This office requires that the violations, as described above, be
properly resolved. 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].
nicer ly,
GZ`??ial- /y1? 6 1
army Smith
Regional Su ervisor
Surface W ter Protection Section
cc: DWQ RRO file copy
John Hennessy, NPS Assistance and Compliance Oversight Unit
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit