20090693 Ver 1_Notice of Violation_20090713

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CERTIFIED MAIL #7006 0810 0002 6049 6225
RETURN RECEIPT REQUESTED
Christopher Mitscherlich
Jennifer T. Mitscherlich
9508 Bartons Creek Road
Raleigh, North Carolina 27651
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Rewurces
Coleen M. Sullins, Director
Division of Water Quality
July 29, 2008
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CERTIFIED MAIL #7006 0810 0002 6049 6171
RETURN RECEIPT REQUESTED
Christopher Mitscherlich
Jennifer T. Mitscherlich
2801 Nashford Place
Raleigh, North Carolina 27604
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-WQ-0074
Mitscherlich Residence 9508 Bartons Creek Rc.
Neuse River Buffer Violation
Wake County
Dear Mr. & Mrs. Atscherlich:
On July 18, 2008, Martin Richmond of the NC Division of Water Quality- (DWQ)
Raleigh Regional Office conducted a site inspection of construction activities at your
property located at 9508 Barton Creek Road in Wake County.
During the inspection DWQ staff noted impacts to approximately 400 linear feet of ?m
unnamed tributary (and pond) of Falls Lake, Water Supply 1V, Nutrient Sensitive Waters
(NSW), Critical Area (CA). These impacts include removal of trees and clearing of
undergrowth vegetation, introduction of fill material, construction of impervious surfaces,
and establishment of stormwater outfall(s) within the 50-foot Neuse River Riparian
Buffer
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the
Neuse River Basin (intermittent streams, perennial streams, lakes, ponds and estuarias). r>ow ca ro rr
-- atur;A;
N. C. Division of Water Quality
Raleigh Regional Office
38oo Barrett Drive
(919) 70-4200
An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 3
Christopher Mitscherlich
Wake County V&*
The protected buffer extends 50-feet landward from the landward edge of coastal marsh
(as identified by the Division of Coastal Management) or from the top of bank of any
feature shown as surface waters on either a paper copy of the soil survey maps prepared
by the Natural Resource Conservation Service of the U.S. Department to g icultu or
the most recent version of the 1:24000 scale quadrangle topographic maps prepared by
the U.S. Geological Survey. The protected riparian buffer has two zones: Zone Iconsists
of a vegetated area that is undisturbed except for uses provided for in Item (6) this
Rule (Title 15A NCAC 02B .0233); Zone 2 shall consists of a stable, vegetated area that
is undisturbed except for activities and uses provided for in Item (6) of this Rule (Tif e
15A NCAC 02B .0233). The purpose of these rules is to protect and preserve riparian
buffers in the Neuse River Basin to maintain the nutrient removal functions of these
streamside areas necessary to protect surface waters.
Asa e>ilt_of the st?jispection and a file review, the following violations are noted
Item 1. Neuse River Buffer - Vegetation
15A NCAC 02B .0233 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except f or
those uses provided for in Item (6) of this Rule.
Item 11. Neuse River Buffer - Diffuse Flow
15A NCAC 02B .0233 (5)
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow and reestablishing vegetation.
Requested Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days
of receipt of this Notice. Your response should include the following:
1. Please explain why these impacts occurred without prior authorization.
2. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and buffer impacts on the
site.
3. Please submit the following documents for review and approval:
a) Riparian Zone Restoration - Please submit a Restoration Plan to this office for
review and approval. This plan must account for both re-establishment of
riparian vegetation and removal of all impervious surface and stormwater
outfall(s). This plan must be developed to ensure that at least two native tree
species are planted at a density sufficient to provide 320 trees/acre at maturity.
This density is usually achieved by planting approximately 436 trees/acre on a
10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid. Please see the
Guidelines for Riparian Buffer Restoration (October 2004) for assistant -- in
Page 3 of 3
Christopher Mitscherlich
Wake County
developing your plan. 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. In addition, this plan must describe any and
all activities associated with removal of the impervious surface and
stormwater outfalls.
b) Major Variance Application - If you wish to pursue a possible variance, ;uch
that impacts or portions of the impacts may remain, you must submit an
application for a major variance, as required under 15A NCAC 2B .0233
(9)(c). Persons who wish to undertake uses designated as prohibited may
pursue a variance. A major variance request pertains to activities that are
proposed to impact any portion of Zone 1 or any portion of both Zones 1 and
2 of the riparian buffer.
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 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 Martin Richmond or myself at
[phone]. .
ely,
c?
D491?12
anny S th
D
Regional Supervisor
Surface Water Protection Section
cc: Raleigh Regional Office File Copy
John Hennessy - NPS-ACO Unit, Archdale Building
DWQ Central Files
Mr. Dave Parnell, Wake County Environmental Services