20171576 Ver 2_NOV-NOI_20180502

Water Resources
ENVIRONMENTAL QUALITY
May 2, 2018
CERTIFIED MAIL # 7017 2680 0000 2219 3981
RETURN RECEIPT REQUESTED
Michael and Pamela Maple
104 Turquoise Creek Drive
Cary, NC 27513
Subject:
Dear Mr. and Mrs. Maple,
ROY COOPER
Governor
MICHAEL S. REGAN
secretmn
LINDA CULPPPER
Interim Director
511�is
Subject: Notice of Violation -Notice of Intent to Enforce
NOV-2018-PC-0144
Neuse River Riparian Buffer Violations
Address of Site: 104 Turquoise Creek Drive, Cary
Wake County
On April 23, 2018 Stephanie Goss and Andy Neal from the Raleigh Regional Office (RRO) of the
Division of Water Resources (DWR) conducted a site inspection at the above referenced site. The purpose
of the site visit was to inspect the existing site conditions as part of the review process for your Minor
Variance application submitted to DWR on March 12, 2018 (Project # 20171576 Version 2). The
following observations were noted during the site inspection (See Attachment 1 for feature designations):
• The subject stream is depicted on the Soil Survey of Wake County and USGS Topographic map
and was determined on November 14, 2017 to be subject to the Neuse River Riparian Buffer
rules.
• DWR staff observed a crew cutting and removing trees from Zone 1 of the riparian buffer. (See
Photographs 1 and 2).
Accordingly, the following violations were noted during the inspection:
Item L Neuse River Basin Riparian Buffer — Vegetation
Title 15A North Carolina Administrative Code 02B .0233 (4) of the Neuse River Riparian Buffer Rules
requires that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those
uses provided for in Item (6) of this Rule.
Requested Response:
You are requested to immediately address the below items in writing within 30 days of receipt of
this letter.
Please submit a Restoration Plan to this office for review and approval. This plan must address the
riparian buffer as approximately outlined in yellow on Attachment 1.
1, Riparian Buffer Violations:
A Riparian Buffer Restoration Plan is required to be submitted 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 per acre at maturity. This density is usually achieved
Division of Water Resources, Raleigh Regional Office, water Quality Operations Section http:/;j)ortal.ncdenr.orghveb%wgiaps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh; NC 27609 Fax: [phone]

by planting approximately 436 trees per acre on a 10 ft. x.10 ft. grid or 681 trees per acre on an 8
ft. x 8 ft. grid. This plan must include the types of native woody vegetation selected,
methodology of planting, and a site map indicating the location of the replanting efforts.
2. Erosion control Please address the control measures, that will be used for temporary
stabilization/sediment ,cointrol:while this work is underway. Please provide a schedule with dates
by which this, work will be completed. Asa partof your restoration plan, it is required that you
include a peranent stabilization plan for the disturbed areas.
3. flan and Schedule. Please provide a detailedschedule with�afes explaining When the
restoration'will be accomplished. Also, include a map identifying the buffer zones and stream that
has been impacted and your method to restore it. This schedule should include a one-year
monitoring plan to ensure that the riparian buffers are restored.
Please submit required materials to:
Stephanie Goss
Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699
This office requires that the violations, as detailed above, be abated immediately and properly
resolved.. Environmental damage and violations of North Carolina Administrative Codes have been
documented for the subject site as stated above. Your efforts to undertake activities to bring the
subject site back into compliance is not an admission, rather it is an action that must be taken in order
to begin to resolve ongoing environmental issues. .
This letter is to advise you that this office is considering recommending enforcement action to the
Director of the Division of Water Resources. If you wish; to present_ an explanation for the violations
cited, or if you believe there are other factors which should be considered, please send such information
to me in writing within thirty (30) days following receipt ®f this letter. Your, explanation will be
reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be forwarded
to the Director with the enforcement package for their consideration.
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 Stephanie Goss at [phone] or via a -mail at Stephanie.goss rr ncdenr.gov.
Sincerely,
Eaf
Danny Smith
Water Quality Regional Operations
Raleigh Regional Office
Encl: Attachment A
cc: DWQ RRO file copy
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2: Removal of trees in Zone 1 of the riparian buffer
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�, SU1Tfa Map provided by NCDEQ
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Legend' Division of Water Resources
Locations are approximate
-Approximate Site boundary: ,y : " and are provided for
-Approximate location of buffered streamreference only
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