NOV-2009-PC-0074 Ver 1_Notice of Violation_20090128

OFWA-r
b OG Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
Division of Water Quality
January 28, 2009
CERTIFIED MAIL #7007 2680 0001 8696 7339
RETURN RECEIPT REQUESTED
Town of Cary
Attn: Paul Kuhn
316 N. Academy Street
Cary, NC 27512
Subject: NOTICE VIOLATION
NOV-2009-PC-0074
Walnut Street Park
Wake County
-Wetlands Standards Violation
Dear Mr. Kuhn:
On January 13, 2009 N.C. Division of Water Quality (DWQ) personnel Natalie Landry from the
Raleigh Regional Office conducted a site inspection at the Walnut Street Park located in the
vicinity of Lawrence Road and Walnut Street in Wake County, North Carolina. The stream on
the site is an unnamed tributary (UT) to Lynn Branch, WS-III Nutrient Sensitive Waters (NSW),
in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and site
inspection:
• The rain gauge and plans were on-site in the inspection box.
• The rainfall and stormwater BMP monitoring records were on-site and were complete.
• Impacts from sediment deposition and boardwalk construction were observed in
approximately 68 linear feet of wetland and associated stream channel.
As a result of the site inspection and file review, the following violation, detailed below, is noted:
Item I. Wetlands Standards Violation
15A NCAC 02B .0231 (b)
(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; NprthCarolina One
(D) The movement of aquatic fauna; NWUM4
North Carolina Division of Water Quality
Internet: h2o.enr.state.nc
us Raleigh Regional Office
1 Surface Water Protection Phone [phone]

.
628 Mail Service Center
Raleigh, NC 27699-1628
FAX [phone] Customer Service
1-877-623-6748
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Page 2
Walnut Street Park
January 28, 2009
(F) Water levels or elevations.
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are
encouraged to secure a consultant to assist you with your response development necessary to
achieve compliance.
1. Documentation depicting jurisdictional features (e.g. wetland, stream and buffers). A
description and quantification of the impacts to those jurisdictional features and your
plans to avoid further impacts on the site.
2. Please submit the following document for review and approval:
a. Wetland/Stream Restoration Plan - Please explain how you plan to restore the
pattern, profile and dimension of the impacted stream channel and wetland to reflect
a representative reach upstream or downstream of the impacted stream segment and
wetland. The streambed must be restored to the original profile, the stream banks
must be stabilized, and any sediment deposition must be removed from the stream
channel and wetland. Replanting of the wetland should include an appropriate
wetland seed mix.
Submit Requested Items To:
Natalie Landry
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 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 Natalie Landry at [phone].
iDanny SmitZnal Raleigh Regup ervisor
Surface Water Protection Section
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
Cyndi Karoly - 401 Wetlands Unit
RRO - Water Quality Files
Karyn Pageau-Land Quality Section
Kristen M. Dwiggins, Town Hall Campus, 316 N. Academy St., Cary, NC 27513
Nicole M. Young, OBS Landscape Architects, PO Box 28504, Raleigh, NC 27611-8504