20061362 Ver 2_401 Application_20090609

G. Michael Woodard, DDS, PA
Fellow, Academy of General Dentistry
6829 Falls of Neuse Rd Raleigh, NC 27615
RR@F,Ow?p
JUN 2 9 2009
DENR • WATER QUALITY
WETLANDS AND STQRMWATER BRANCH
Amy Chapman
Dept. of Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
June 18, 2009
RE: DWQ Project # 06-1362
Modification of buffer authorization
This is to request a change to the original project application. Due to topography and to greatly reduce the
amount of off-site backfill needed to restore the impacted buffer, an 18" corrugated pipe was used instead
of the 24" cited in the original application. Accordingly, the buffer impacts did not change from what was
originally authorized. Thank you.
<cr Woodard, DDS
4
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r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 5, 2006
Mr. G. Michael Woodard
9012 Honeycutt Road
Raleigh, NC 27615
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1362
County: Wake
Subject Property: Piping of Ditch Along Riding Ring, Raleigh, Wake County
Falls Lake [030401, 27-(5.5), WSIV]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. Woodard:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 400 ft2 of Zone 1 of the protected riparian buffers for the purpose piping of a
ditch along a riding ring at 9012 Honeycutt Road as described within your application dated August 20,
2006 and received by the Division of Water Quality (DWQ) on August 24, 2006. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations.
This authorization is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Units Plan Location or Reference
Zone 1 Buffers 400 (square ft. Page 11 of PCN
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
3. Certificate of Completion
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.stale.ne.us/ncwetlands
N?°i?" tCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Woodard
Page 2 of 2
September 5, 2006
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Authorization Certificate.
A sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213
.0233. If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
AWK/cbk/asc
Enclosures: Certificate of Completion
Sincerely,
L/-? 1 /?4
Alan W. Klimek, P.E.
cc: Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 061362WoodardDitchPiping(Wake)NB R
None Cam ina
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401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http•1/h2o.enr.state.nc.us/-n-cwctlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
-5- a - a
Eric,
Sony for the delay .... very busy summer. PCN being sent today. USACE did site inspection and while back
and determined that only Buffer Rule approval is necessary. Thanks for your assistance.
Mike Woodard
AUG z ?? zoos

Sunday, August 20, 2006 America Online: Pabluni
Offlce Use Only: Form Version March 05
20061362
,USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Numbcr(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section NrIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), e9t0?MI? D
V L5
II. Applicant Information D
AUG 2 4 2006
1. Owner/Applicant Ink
Name:
Mailing Address:
pa.
• WATER QUALITY
Telephone Number: 91q-fll6ja- Fax Number:
E-mail Address: -IA2.h uo: iael 40M
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: /
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
Ill. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
. 1.
2. T.I.P. Project Number or State Project Number (NCDOT Only): /M
3. Property Identification Number (Tax PIN):
4. Location
County:-WA&& Nearest Town: _ i c ?,.
Subdivision name (include phase/lot number): d,4
Directions to site (include road numberstnames, landmarks, etc.):?/1}
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): OVA ON °W
6. Property size (acres): 1-5 5_J
7. Name of nearest receiving body of water: ?w l?s L,z/s e_
8. River Basin U.Je
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions.on the site and general land use in the vicinity of the project
at the time of this application: Zaf44, 1--le _4/Ita.G[ 1lg
Page 6 of 12
10. Describe the overall
.__? . i,
IV. Prior Project History
in detail, including the type of equipment to be used:
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules- 4.ZA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
17
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Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( estno Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wctland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: Al o ?`
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Intermittent? t?
nt. Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
?A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Watcr Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres):
Wetland Impact acres):
Open Water Impact acres :
Total Impact to Waters of the U.S. (acres)
Total Stream Impact linear feet :
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes Io
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation /V A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
llttp:Hl12o.enr.state.nc.us/ncwetlands/strmeide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, ctc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://li2o.enr.state.nc.iis/wrp/index.litm. If use of the NCEEP is proposed, pleise
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 4a
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (fcdcral/state/ cal) funds or the use of
public (federal/state) land? Yes ? No [}
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: 'If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse?l5A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) ISA NCAC
-213-0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes Q' No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Zone* I Impact I Multiplier I Required
(souarc feet) Mitieation
IX /OG go o 13 (2 for Catawba)
2
Total
' "Lone 1 extends out 30 feet perpendicular
additional 20 feet from the edge of Zone 1.
the top of the near bank of channel; Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20please provide calculations
demonstrating total proposed impervious level. L /% ?r cf <?,// 1,""e
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No [}i
Is this an after-the-fact permit application? Yes No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No ["
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httn://h2o,enr.state.nc.us/ncwetlnnds. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
' ppficantAgent's Siglaturc Date/
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
COUNTY
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1 of 1 8/20/2006 8:20 PM
Copyright 2006. City of Raleigh, Wake County. "
F W A TF Michael F. Easley, Governor
0 9
Ot pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Cq 7 Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
o ?
Division of Water Quality
June 25, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael and Susan Woodard
9012 Honeycutt Road
Raleigh, NC 27615-2218
Subject: NOTICE OF VIOLATION
9012 Honeycutt Road - Raleigh, NC
Neuse River Riparian Buffer Violation
Failure to Secure a 401 Water Quality Certification
Wake County
Dear Mr. and Mrs. Williams:
On March 21, 2006, Eric Kulz from the Division of Water Quality (DWQ) Raleigh Regional
Office conducted a site inspection at the property located at 9100 Honeycutt Road in Raleigh (Wake
County) at the request of Tom Hill of Wake County Soil and Water Conservation.
During the site visit, the investigator observed and noted impacts to a portion of an unnamed
intermittent tributary to Honeycutt Creek on your property. Approximately 40 linear feet of this creek
had been piped and fill material had been placed on top of the pipe and within Zone 1 of the riparian
buffer along this stream and lessen erosion.
Based on review of DWQ files, we have not identified any Pre-Construction Notification or any
buffer authorization or permit from the Division of Water Quality for these impacts. As a result of the
site inspections and file review, the following violations are noted:
1) Neuse River Riparian Buffer Violations; and
2) Failure to Secure a 401 Certification.
Item I. Neuse River Riparian Buffer Violations
The Neuse River Basin is a river basin that is subject to riparian (streamside) buffer rules. The
purposes of these rules are to protect and preserve riparian buffers in the Neuse River Basin. That is,
these rules help to maintain the nutrient removal functions of the streamside areas necessary to protect
surface waters. Specifically, this Rule applies to the 50-foot wide riparian buffer directly adjacent to
surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries).
The protected riparian buffer has two zones as follows: (a) Zone 1 [measured from stream bank
landward for 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in
Subparagraph (6) of 15A NCAC 2B.0233, and (b) Zone 2 [the outer 20 feet, landward from the outer 30
foot edge of Zone I] shall consist of stable vegetated area that is undisturbed except for activities and uses
provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0233.
The site visit and file review of this tract confirmed no Pre-Construction Notification or buffer
authorization request was received for this project and riparian buffer impacts associated with the piping
and filling of the stream bed were not authorized by DWQ. Specifically, no request, or a DWQ practical
alternative determination, variance or authorization had been issued for these impacts to the riparian zone.
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% Recycled110% Post Consumer Paper
One
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Mr. and Mrs. Woodard
Page 2 of 3
6/25/2009
As a result, the following riparian buffer rule violations are noted:
Neuse River Buffer Rule 15A NCAC 2B.0233: Deposition of fill (pipe and soil) has occurred in the
riparian zone, a violation of the requirement that 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 the Rule. No variance or
Practical Alternative Request was received prior to the riparian zone impacts.
Item II. Failure to Secure a 401 Water Quality Certification
Impacts to a stream have occurred at this tract from the placement of pipe and fill material in the stream
bed and up the stream banks. These activities would require contact with both the U.S. Army Corps of
Engineers and DWQ and subsequent submittal of an application for permits under Sections 404 and 401
of the Clean Water Act. However, since these activities are prohibited under the Neuse River Riparian
Buffer Rules, no 401 Water Quality Certification would be approved by DWQ.
Requested Response
This Office requests that you respond to this letter in writing within 20 days of receiving this
notice. Your response should be sent to both this office at the letterhead address and to the attention of
Mr. Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617. Your response should address the
following items:
1. Please explain why these impacts occurred without prior authorization.
2. Please provide your plans to delineate and avoid any further stream impacts on the site. This
delineation should include the generation of a detailed site plan/survey which shows the stream
channel, Zones 1 and 2 of the riparian buffer, and the area that has been piped and filled.
3. Please submit the following Restoration Plans to this office for review and approval, as well as to
Mr. Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617.
a.) Buffer/Stream Bank Restoration - Fill Removal. Any fill material within Zone 1 of the
buffer resulting from piping the stream is prohibited. Please provide a plan for the removal of
the pipe and the fill material from Zone 1. The stream bed and bank must be restored to their
original profile and dimensions.
Buffer Restoration - Zone 1 Revegetation - While it did not appear that any trees had been
removed in the riparian buffer, the removal of the fill material and the restoration of the
stream banks and streamside areas will result in unvegetated soil. A planting plan must be
developed and implemented in these areas of Zone 1 in order to restore vegetative growth and
stabilize the ground surface. DWQ requires that native species be used for buffer restoration
activities. DWQ requests that you obtain a riparian plant seed mixture and spread the seeds
in accordance with the manufacturers guidelines. Suppliers of riparian seed mixtures can be
found in the Guidelines for Riparian Buffer Restoration (January 2001) available on the web
site at http://h2o.enr.state.nc.us/wrp/pdf/buffers.pdf.
N ehCarolina
Noaturally
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
Mr. and Mrs. Woodard
Page 3 of 3
6/25/2009
b.) Please indicate in your response a detailed schedule with dates explaining when the
restoration will be accomplished.
You are strongly encouraged to work with Wake County Soil and Water Conservation in
resolving these issues. Tom Hill with that organization has offered to assist you in these matters, as
well as working to resolve general drainage issues on your and your neighbor's properties.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. These violations and any future violations are subject to civil penalty
assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding
these matters, please contact Eric Kulz at [phone].
Sincerely,
Myrl Nisely
Acting Water Quality Regional Supervisor
cc: DWQ Wetlands and Stormwater Branch
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
Tom Hill - Wake Soul and Water Conservation, 4001-D Carya Drive, Raleigh, NC
27610-2921
Byron Brady - Wake County
RRO - File Copy
Central Files
North Carolina Division of Water Quality Raleigh Regional Office
Internet: h2o.enr.state.nc.us 1628 Mail Service Center
Surface Water Protection Phone [phone] Customer Service
Raleigh, NC 27699-1628 FAX [phone]
No One
hCarolina
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