20050737 Ver 1_Complete File_20050421

Michael F, Easley, Governor

William G. Ross Jr., Sceretary
North Carolina Department of Environmcnt and Natural Resources

Alan W. Klimek, P.E, Director
Division of Water Quality

July 14,2005

DWQ Project # 050737
County: Wake

Mr, Louis Lee Hendricks
5812 Deblyn Avenue
Raleigh, NC 27612

Subject Property:

House Lot
1713 Evergreen Drive
Raleigh, NC

APPROVAL ofNeuse lliver Buffer Rule (15A NCAC 02B .0233) Authorization Certificate

Dear Mr. Hendricks:

\
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
impact approximately 550 ft2 of Zone 1 and 200 fe of Zone 2 oqhe protected riparian buffers for the
purpose of constructing the culvert and driveway at the subject property as described within your
application dated February 28, 2005. 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 and other regulations.

This approval is for the purpose and design that you described in your application, including the
mitigation provisions described within your application materials, 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 and approval letter and is thereby responsible for complying
with all conditions. This approval 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 Plan Location or Reference
(Units)
Buffers 750 (square ft.) PCN

N,p'i1hCarolina
.Naturally

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard. Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet http://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Louis L. Hendricks:
Page 2 of2
July 14,2005:

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

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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.

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 ofG.S, l50B, 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 l5A NCAC 2B
.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~he 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/ijm

, \
Smcerely,

r'c_I;~
r Al'1;.::imc~ P.E.

Enclosures:

Certificate of Completion

cc: Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files

Filename: 05073 7LouisLHendricks(W ake )BufferApproval

AVA
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F, Easley, Governor William G, Ross, Jr" Secretary
Alan W. Klimek, P.E,. Director

"

May 4, 2005

Mr. Louis L. Hendricks
5812 Deblyn Avenue
Raleigh, NC 27612

Dear Mr. Hendricks:

On 4/21/05, the Division of Water Quality received PCN",application for the house lot project in
Wake County, North Carolina. The DWQ project numbe~lor this file is #050737. The check for
$200 was not required, since this PCN application was for'l;GparianIW atershed Buffer Rules
only. The check is enclosed.:""

If you have any questions regarding this letter please do not hesitate to call me at (919)-733-
1786,

Sincerely,

clD-u..\u- ~~

Laurie Dennison

Enclosed: Check received April 21, 2005

CC: Central Files
File copy

Wctlands/401 Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: httD:fih2o enr state nc lIs/ncwetlands

N~~th Carolina
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Triage Check List

Projett Name: La D I s l-klf\ch/l'- k ~
DWQ#: oS-6j)J
County: k~

Kevin Barnett

Ken Averitte

Alan Johnson

Mil.t; HUlafl.
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Tom Steffens and Kyle Barnes
Noelle Lutheran
Daryl Lamb

Telephone: (919) -n-:S,-CfSCL

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The file attached is being f?rwarded\to ~~ur f~ryour eyaIuation.
Please call if you need aSs{stance.
\ . .
o Stream length impacted \
o Stream determination \ '.
o Wetland determination and distance to blue-line surface'waters on USFW topo maps'
o Minimization/avoidance issues
~Buffer Rwes (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill .
D' Mitigation Ratios
o Ditching
D Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
D Is the appliqation consistent with pre-application meetings?
D Cumulative impact concern

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- .

05-0737 Louis Hendricks

Subject: 05-0737 Louis Hendricks
From: Eric Kulz <[e-mail]>
Date: Wed, 29 Jun 2005 07:47:30 -0400
To: [e-mail]

Ian:

Was going through my piles checking on the status of projects. What is up with this
one? This was a response to one of my violations. I entered comments on FileMaker
on 5/9/05. According to BIMS, that was the last "event". The statutory date is
listed as 6/20/05. Does this mean the project is approived (waived)? - ..v Q - /J,';"-/(/ JL,C
As I indicated in FileMaker, the owner did the appropriate restoration. Hes till ;?
needs to pay for mitigation, I believe.

Let me know what you can find out about this.

Thanks,

Eric

Eric Kulz <[e-mail]>
Environmental Specialist III
Surface Water Protection
NC Division of Water Quality

1 of 1

6/29/20057:51 AM

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Eric Kulz
K Sr.hll~ter

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Louis L Hendricks
Project Number 05 0737
Recvd From APP
Received Date 4/21/05 Recvd By Region
Project Type Residential & driveway

County Wake.
County2
Region Raleigh

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim, Supp,

Acres
Basin Req.

Feet
Req,

INBRO I IOY @N I I 27-34-(4) ICI NSW 130,402. I I
I I IOY ON I I r---I I I I

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON

Is Mitigation required? 0 YON Recommendation: 0 Issue Olssue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 354444 Longitude (ddmmss) 784025

Comments:

5/9/05 I walked Mr Hendricks thrrough this process The mitigation totals are correct, and the
on-site restoration was completed in April I have been by the site and it looks good I recommend
issuance EWK

cc:

Regional Office
Central Office

Page Number 1

Feb. 28, 2005

NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC

The attached PCN is being submitted after bhe work has been
completed. It is being done after consultaion with Eric
Kulz of DWQ, and after receivigg a letter from Ken Schuster
dated 2-14-2005'enclosed). Enclosed is also my letter to
Danny Smith dated 2-26-2005 asper instructions in Ken
Schuster's letter.

The following is a summary of the completed project. The
lot at 1713 Evevgreen, Raleigh, has a creek in front part
and the building site at back of lot. Kimley-Horne & Assoa-
iates had prepared a driveway study in 2000 and filed the
plan with DWQ(copy attached). That engineering firm's
study looked at the driveway crossing over creek to the
building site as one, cont~nuous project and one impact
of the Neuse Buffer. I relied on the "expertise" of
Kimley-Horne tohhave done everything correctly and to have
complied with the Buffer rules in preparing its sbudy. Eric
Kulz explained to me that, because of the curves in bhe
creek, there are 3 impacts to the Buffer;

blue--crossing of stream is permitted without notifi-
cation of DWQ,
yellow & green--driveway impacts to Zones 1 & 2,
pink--Zone 1 impacts that need mitigation and hence
this PCN.

Eric understood that I am not a professional in this area
and that I relied IDn Kimley-Horne to have complied with
Buffer rules. This company needs to be notified of its
errors or they will be repeated elsewhere. The State did
not reply to Kimley-Horne when the sbudy was filed in 2000.
I took that to be an approval of that study and built the
driveway accordingly. The one area that I feel responsible
for is pink Area 3 of the map. In clearing the building
site, a large tree fell into Area 3 instead of the driveway.
The contractor had to use his power equipment to clear the
tree and removed brambles and bamboo in the process from
that area.

I'll be glad to answer any questions you mayhhave. Attached
are all relevant letters and maps.

^ ~ /-" fi:/
-/' --- ':0
~['l/L--~ ) 't ^t'/. 'c,
/'
Louis L. Hendricks

~~@~U\'IJ~ ~

APR 2 1 2005

""R IJ""ITER QUWTY
O,_h . 's'ro-II"ATt:RBPJJ1CH
WeTLAtlDS A~.D t\,"I....

Office Use Only:

Form Vcrsion May 2002

USACE Action ID No. D\VQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" ,)

I. Processing

1. Check all of the approval(s) requested for this project:
D Section 404 Pennit ~
D Section 10 Permit 0
D 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2, Nationwide, Regional or General Permit Number(s) Requested:

Iv h rz

3, If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

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), check here: D

II. Applicant Information

1. Owner/Applicant Information
Name: L- OUI ') L-t:. c: /-f r:: Afj) iLle Ie: )
Mailing Address: c,-;;( / ")- I> e: i3 L Y AI /H-' F: '
/L/r L---~ 1(,-/-( ,tv C '1-') (,/")-
I

Telephone Number:t/(Cf)r; -:>/- C( 17", Fax Number: S 1/- C(J-)'":)~
E-mail Address: ,17/?CC(D;'1 I j'V))<j>I2..I;-J(---, COI'1

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:
E-mail Address:

Fax Number:

Page 5 of 12

m~@~ow~@

APR 2 1 ?nos .

. _ ~.::I~R. Vi.;TER QUALITY
l,e Tv.: .0" A:;D srO;v,;.'iATEH CR/-J:Cii

III. 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 infonnation to be submitted on sheets no larger than II by 17-inch fonnat;
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: HDVS"f:

~C'-T
I

/'7r~ t2 Vr-(2G-(Z.~E;J ,ili) _\ }2-IJL E=f{:-tf-.

2. T.I.P. Project Number or State Project Number (NCDOT Only):

'---

3. Property Identification Number (Tax PIN):

(i ( Cj"',}.-J'{ L() !~~

4, Location
County: \.A II (L F Nearest Town: 12... A { P- ((~/~( ~
Subdivision name (include phase/lot number): A./ r A-' C -
Directions to site (include road numbers, landmarks, etc.): ff2.-C';t., I-I.( t..' I EX (..,--
L-AI~F ILttEt:LC(L 12-;), GO ~DL'n( c;- IhcClCf, I (..,-;:, t'A.J cv,:c(2CrCf].-E6--,\",
/ I I

5. Site coordinates, if available (UTM or Lat/Long):
(Note - Ifproject is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres):

C), l;'(r J,C(L(?J

7. Nearest body of water (stream/river/sound/ocean/lake): P/V/\/(\ /vi r-/) ,. (? ) I3fTI)f:>" 'y L) P
VVJ-\L\/t..'"7 C() i:::: t~.
8. River Basin: AJ C LI <:; e.
(Note - this must be one of North Carolina's seventeen designated major river basins, The
River Basin map is available at http://h20.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: So >;1-[ cT IS}) l L S j"u C';' L (:;: -PA /L-l ( L-- 'y /-I ,y.( CS .'
LDY I S Ifl~fV/L---v I.-vL~{'l)el) rxc.cP-, VVH/:'-/)_('::' IT h//') \ C'Lc/)/2CIj
,
r-.(1rL f)/LI1'FwJjy ,r IH/IL.-b/.^,..h- ~ITF,

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: r; (? UI/>A.fC^,'7 C;
/)Sr:;{) wf:(2.I7 T(2/K/C.C() 1~lrqLi-ftr J 2..()/?(N'~O.- TflLF eN/cIrce;, //2C(~<; 1A/~Il..C:
c[ eIUL(;/} TOC!,U/I.-f) ,()/).I ~'G 'V/~Y 7,' i?~C(L 1'1:: l..-vr 'TO /rC(:cr:;~ /31'1L-.j I.Y,-:: <;/rfJ/
1-yl OF tt){' C(JI.-f/I:j2( LV";~ PL~((-'() /1-' C/L.EE/,! r=()i~ DI2./V/.7......j,y:v//l-T 'v/["J
HJJ.n,Cf) /jV T{) nUl t..{) VI) 1112./ ~c ~v';n [/Vctl C UL- \/i:/L~' AIL c'J ~Cr 1<:' /:"//V/r/16'!J
.j-- ,x I?PI, J" ,Oll{?/l..r.-fj IN C::-{)II~{' ) r'C(j: f)L'r=pr=!2.. L./riVD wits c ,W J:(l{;/) /Iv )l.'HL7J}7 <;'1f72)JII/,
,

11. Explain the purpose of the proposed work: TD
i~OiL/) f)lLjVFLvAY Tu /~i'IL-j)I;V(-

f3LJ/(./{\ j-({)()5C (//\./ L-'C;T /r/V,'}
<:,/ (C~, /l-T /3I}c(L. [y L.--i)"{,
,

rD

IV. Prior Project History

If jurisdictional determinations and/or pennits 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 pennits and
certifications were issued or withdrawn, Provide photocopies of previously issued pennits,
certifications or other useful infonnation, 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.

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,

!v' C' t

VI. Proposed Impacts to 'Vaters of the United States/\Vaters 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. The applicant must also
provide justification for these impacts in Section VII below, All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.

Page 7 of 12

1. Provide a written description of the proposed impacts:

2. Individually list wetland impacts below:

Wctland Impact Arca of Locatcd within Distance to
Site Number Type of Impact* Impact I DO-year Floodplain** Ncarest Stream Typc ofWetland***
(indicate on map) (acres) (ycs/no) (lincar fect)

*

List cach impact scparatcly and idcntify tcmporary impacts, Impacts includc, but are not limited to: mcchanizcd clcaring, grading, fill,
cxcavation, flooding, ditching/drainagc, ctc. For dams, scparatcly list impacts due to both structure and flooding,
IOO-Year floodplains are idcntificd through the Federal Emcrgcncy Managcment Agcncy's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. tl1aps are available through the FEMA Map Scrvice Center at 1-800-358-9616, or
online at httn://www. fcm~. ~OV.
List a wctland type that bcst describes wctland to be impacted (e.g., freshwater/saltwater marsh, forcstcd wctland, beavcr pond,
Carolina Bay, bog, ctc.) Indicate ifwctland is isolated (dctcrmination of isolation to be made by USACE only).

**

***

List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of A verage Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

List cach impact separatcly and identify temporary impacts. Impacts include, but are not limitcd to: culvcrts and associatcd np-rap,
dams (scparately list impacts due to both structure and flooding), relocation (include linear feet before and aficr, and nct loss/gain),
stabilization activities (cemcnt wall, rip-rap, crib wall, gabions, ctc,), excavation, ditching/straightcning, ctc. If stream rclocation is
proposcd, plans and profiles showing the lincar footprint for both the original and rclocatcd strcams must be included,
** Strcam names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the ncarcst
dO\\11stream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.lIsgs gOV, Several internet sites also allow direct dO\\11load and printing of USGS maps (e.g., www.tonozone.com,
www.mJnClllcst.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site:

Page 8 of 12

4, Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the V,S,) below:

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)

.

List each impact separately and idcntify tcmporary impacts, Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkhcads, ctc,

5, Pond Creation
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): D uplands D stream D 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.):

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 l5A 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 March 9, 2000, 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 detennining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but arc 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 NCWRP 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
http://1120.enr.state, nc. us/n cwet 1 ands/ stOll ~ide, h tml.

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 casement, etc,), and a
description of the current site conditions and proposed method of construction, Please attach
a separate sheet if more space is needed,
f>'-C;j~Ci. '.>c{. C"c1-t'(L(;-f) (lel)/) [-r L--.)r~ (-IV C{/--Ui/ilijT/c,.J '<I('if {;(2(c jL..i/L;l.. C;CI);"...q
1
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G-t1/j5-", sC(;'f) Tlrl}, 1(/1) {;-t1..{\t'N lV, r ')Tt1-mJ tCvr/<-/ PIA,'tl!... /i(2./,lfj(>'} JG\ H/\./l:'- f>cC'v
PL/f/VTC() LVI,H <)( l(lEE~ ,I}; Pelt. $ ('f'[' f2r:-c..,rHh\..C (--eJi!) (--'-(\./1<',( ci- ,\T(I.lll,! ("(.'II,-~/2"I
'i>1I--tL /j/2clf IS <;l-L~PL.() Tl' Cil.L[IL- TO) NI.[Vc..')V, Cfl-c.."SI",vI'ClL~~jl/:"v rC^-L'C lv/J"S- /IV-:;T/ILl,Cr) II'" PIt1~L
5CcC',ve~ f[..lvlb 15 liT )Of HA:'U{ L'I=- "LL'Ne ( D{~ 8L' (felt,
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP), Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to detennine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://1120.enr.state,nc.us/wrn/index.htm, If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): ')1 CL)
Amount of Riparian wetland mitigation requested (acres): '
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

(see }liT,F/(r1 ^-rrc~ cr [.i),' \
- - JL-VL. '-- :J

Page JO of 12

, '

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes D No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP NSEP A)?
Note: If you are not sure whether a NEPNSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No ~

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 D No rs;J

X. Proposed Impacts on Riparian and \Vatershed Buffers (required by D\VQ)

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.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify /VPl'~ ~ . )?
Yes BJ No D If you answered "yes", provide the following information:

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,

Zone.

Multiplier

Required
Miti ation
c;- c,------v 3 :;) f: CD / ~:::-.
'7'7' D 1.5 -:-J 'f /, i!
C- -. .1 - Cf .)T'
J I, ~_
,
Zone I cxtcnds out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the cdge of Zone I,

1
2

Total

.

Page II of 12

, '

I f buffer mitigation is required, please discuss what type of mitigation is proposed (i.e" Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Prcscrvation or
Payment into the Riparian Buffer Restoration Fund), Please attach all appropriate information as
identified within 15A NCAC 2B ,0242 or .0260.
f>LE;)<;( ~'rl-- )\-r7/lc/tl-'7) /'-lrJ.-(C' n::. -Cf2-lc /LVL-2 ()~vftl J ON
, ,
(J,[7?t-;ff2- -^-(IT((~J/,trrJ.

XI. Stormwater (required by D\VQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wctlands
downstream from the property.

XII. Sewage Disposal (required by D\VQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generatcd from the proposed project, or available capacity of the subjcct facility.

XIII. Violations (required by DWQ)

. .
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H ,0500) or any Buffer Rules?
Yes IX] No D

Is this an after-the-fact pennit application?
Yes ~ No D

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction datcs 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 schedulcs (e,g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Spccies, accessibility problems, or other issues outside of the applicant's controlL
;)L r;AC;r:c~ <tEe /llfJ'1r;'(r-I) U?7TI7L CF /--{//I./,. /)/FT{--;i)7--:),f'-'>-'J~'::T'_
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1-- /I);r.-.:k'~'.r

,/
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

Page 12 of 12

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Page 1 of2

iMAPS

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Multi Access Parcel System

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MULTIPLE RECORDS FOR SELECTED PARCEL

CLICK HERE-EOR DETAILED PROPERTY DATA

PARCEL NUMBER: 0792864772

REID
O'M\lER1
ADDR1
ADDR2
ADDR3
DEED_BOOK
DEED_PAGE
DEED_DATE
DEED_ACRES

0036349
SMITH, ALTON L III ET AL
4000 BLUE RIDGE RD STE 100
RALEIGH NC 27612

3486
0204
5124/85
0.59

http://imaps.co. wake.nc.us/scripts/esrimap.dll?Name= W ake&Cmd= Prt&Left=2098290. 8025... 2/13/03

~=n

Kimley-Horn
and Associates, Inc.

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February 18, 2000

Mr. Alton L. Smith. III
Trademark Properties
4000 Blue Ridge Rd.
Suite 100
Raleig.h, North Carolina 276 I 2

Re: Evergreen Property

Dear Mr. Smith:

Attached please find a copy of our transmittal to the NC Division of Water
. Quality notifing them of the proposed driveway crossing associated with Lot-30
Evergreen Avenue. To date we have received no comment from the Division of
Water Quality and as explained in the letter. based on the current Neuse River
Basin Rules the proposed activity is exempt as long as stream impacts do not
exceed 25 linear feet and buffer impacts do not exceed 2.500 square feet.

Additionally included is a drawing depicting the stream location. buffers to
remain and the driveway/culvert locations. This information should be adequate
to answer any questions the City of Raleigh may have concerning the :-.Jeuse
River Buffer rules and your project. Finally. within 30 days of completion of
your driveway project. preferably before April 14. :!OOO {proposed date for
modifications to Nationwide Permit # ~6. which mayor may not (most likely)
c1Tc~[ proposed project) please sign the enclosed form and 5ubmit to the li.S.
Arm)' Corps of Engineers to serves as post construction notitication of a minor
stream impact that is permitted under the general conditions of Nationwide
Permit # 26,

Plt:as~ contact me (677.:!138) if you have any further qucstions,

Very tntl~ >ours.

KI:<VILEY-HORS ,\:"\D :\SSOClATES.I;-..lC

)1;t4 Jt.jL/

Keith \lafJ..lanJ
EIl\ irlll11l1~J\tal S-:kntisl. PWS

a
m 919 677 2000
FAX [phone]G50

1:1
P,Q. Box 33008
Ra:oigh, Nor1h Carolina
27636-3058

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RETAINING WALL

1677 SF OF NEUSE BUFFER
RIPARIAN AREA IMPACT

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TRADEMARK PROPERTIES

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LOT 30-MRS, MARY G. JOHNSON
EVERGREEN AVE
WAKE COUNTY, RALEIGH

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KlmlG';Hom and Aotms Ire
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BUFFER MITIGATION ISSUES
1713 Evergreen Drive
Raleigh, NC

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1. Driveway Crossing (rncl. 26 LF of buffer)
Exempt (no notification or mitigation required)

Z 1 Exempt = 1,660 SF
Z2 Exempt = NA - Due to lot config., no Zone 2 involved.

~ ~ 2. Additional Driveway Crossing
'i SuJJ/.J) Allowable with Mitigation (must submit PCN for approval (follow
instructions on PCN); payment to EEP for mitigation required)

~,Or>Zl = 550 SF (550 x 3.0 x $0.97/SF = $1,600.50)
()US-:YZ2 = 200 SF (200 x 1.5 x $0.97/SF = $291.00)

P\N~ 3. Additional buffer impact (clearing outside footprint of driveway)

Z 1 = 2,100 SF - to be planted in native tree species in accordance with
guidelines (will be outlined in NOV).

Z2 = can be cleared/graded and revegetated (grass, etc.) NO hardened
structures (pavements, etc.).

@&@&OW&fiil
APR 2 1 $;
?nnlJ
WE DENR
Ti.ANDSANJ~1b~f~ 9UALITY
"V!-f1TER BRAto'CH

April 11, 2005

Mr. Danny Smith
Division of Water Quality
1617 Mail Service Center
Raleigh, NC

Dear Mr. Smith:

In reply to a letter sent to me by Ken Schuster dated
Feb. 14, 2005, I am forwarding on to you my letters from
February and March regarding 1713 Evergreen, Raleigh.
The survey that is needed is not yet ready, although the
surveyor tells me that the field work is done and survey
should be ready soon. I didn't think that I could hold
back my paperwork for much longer, so I am forwarding it
on to you. As soon as the survey is finished, I will for-
ward it you to add to this file.

Please call me if you have any questions about my paper-
work.

Sincerely yours, _
- L~ //
~~~ '/
~tf<?'''~~ y/

Lee Hendricks

~[g@[gDW[g@

APR 2 1 1001

DENR. WATER QUALITY
WETLANDS AND STaR/.WIATER BRANCH

. .#

March 19, 2005

Mr. Danny Smith
NC Division of Water Quality
1617 Mail Service Center
RAeli~h, NC 27699

Dear Hr. Smith:

This is a follow-uJ to my letter to you of Fee. 26, 2005
re~ardin~ the driveway work at 1713 Evergreen.

The cleared land was seeded with winter rye in early February.
The seed has s~rounted and is doing well. We recently, planted
trees in the Zone 1 impact area. The total trees ?lanted in
Area 3 of the color map attached are as follOl{s;

7 river birches, 6-8' high
3 maples, 7-12' high
2 oa~s, 6-8' hiyh
12

The im~dct area of Zone 1 mentioned in your letter of Feb.l4~
2005 is 2100JSF, which is 5% of an acre. Your letter referred
to a guideline of 436 trees per acre for restoration. That
comes to a total of 21 trees needed in the Zone 1 area. We
will be plantin~ 9 more trees in the near future in that area.

Area 1 of the color mal) has 6 trees on it (and 3 volunteers,
2-3' hi~h). Th2f are from 22 to 35 feet high. The contractor
was careful to ~reserv2 those trees in clearing the creek of
debris. Areas 2 and 3 had no trees, just bramble and some
bamboo. So, the additional 9 trees will be ?lanted in Areas
2 and 3.

To date, the survey wor~ has not been finished. The survejor
told me that rain delays have his field crew backed up. As
300n as I ~et the survey, I will forward it to you.

S;;~~:Z:b(

C/ Hendricks

mrn@rnllwrn@

APR 2 1 2005

DENR - WATER Q
WETLANDS AliD STO~"" UAlITY
K,..,.:4TER BRANCH

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TRADEMARK PROPERTIES

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LOT 30-MRS, MARY G. JOHNSON
EVERGREEN AVE
WAKE COUNTY. RALEIGH

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Mr. Danny Smith
NC Division of WateE Quality
1617 Mail Service Center
Raleigh, NC 27699

February 26, 2005

Dear Mr. Smith:

Thank you for your letter of Feb. 14 about the driveway work
at 1713 Ever9reen, Raleigh. Eric Kulz and I have talked about
the work at that address several times. He explained to me his
analysis of the driveway and creek with regard to the Neuse River
Buffer rules, and the nature of the violation. However, none of
my research prior to the beginning of the work indicated that I
would be in violation. I assure you that neither I or my con-
tractor intended to violate the Neuse Buffer rules in any way,
as I explain below in more detail. I enjoy the outdoors and
feel that we need to preserve our environment for futureJgene-
rations. I have been a member of the Sierra Club for 14 years.

When I bou~ht this lot, the seller provided me 1vith a co~y of the
en~ineerin~ study done for him by Kimley-Horne & Associated, of
CAry. He also gave me a copy of letter dated Feb. 18, 2000(enclosed)
which advised him that Kimley-Horne had notified Division of Water
Quality of the ~roposed driveway. The company stated in its letter
that it had not received any comments back from the State. The
lack of comments, es~ecially critical comments, indicated to me
that the ~roject was approved as submitted. I relied on the lack
of comments as being ap~roval in buying the lot. If the State
had re~lied in 2000 to Kimley-Horne's letter pointing out to the
firm the errors in its work, that firm would have corrected its
en~ineerin~ study. KimelY-Horne looked at the driveway as one,
continuous project. Whereas, Eric Kulz broke it into 3 seperate
jobs, 2 of which needed a variance.

As you know, Kimley-Horne is the biggest civil en9ineering firm
founded and operating in North Caro~ina. I certainly am not in
any ~o5ition to ~uestion the work of that firm. In buying the lot
and building the driveway, I accepted their study as the most'
~rofessional that could be obtained. It a~pears to me that Kimley-
Horne needs to be notified of its errors so that this problem that
I am experiencins is not repeated elsewhere in the county or state.
Let me recommend that a letter be addressed to Harlan Brit~ at
KimleJ-Horne about this subject. If I had paid for this study,
I would want the fee returned by the firm.

When my contractor started to work on the driveway, I introduced
myself to the nei~hbors to tell them about the work. I was very
surprised that the nei~hbor next door at 1717 Evergreen, Andy
Osterlund, had bou~ht his lot from the same seller. i~~~rl~n~[W
given an en~ineerin':J study done by Kimley-Horne shmv !;Ei~l;,~ji.:te ~
ing site and creek, although he didn't have to cross he creek to _
APR 2 1 7005

DENR - WATER QUALITY
WETLAUDS NiD STORM'NATER BRANCH

"

Pa~e 2

build ~is house, The nei~hbor across street was a different
situation, She demanded to know what I was ~oin9 to buidLand
where my Jermit box was. I told her that no city Jermit was
re~uired for that work and that was why I had not installed a
~ermit box. She visibly did not believe my statement. After I
left, she went to my lot and took Jictures of the work bhile my
contractor sat and watched. I assume that this is the ~erson that
filed the complaint with your de~artment, based on her erroneous
assum~tion that I needed a permit box at the site. Her name is
Sherri Scott at 1712 Evergreen.

This should be enou~h of the background to the current situa-
tion. Let me detail how the driveway work was done. My con-
tractor is very expEr i enced in th i s \lOr}~. He does th i s kind of
'Jork for S.T. Wooten Contruction and other com~anies. He cleared
the land for the drivew?y and installed the culvert with very little
imJact to the creek. He used 2, lar~e water pumps to continue the
water flo'l (and to keep it clear) while installing the culvert.
In Areas 1 and 2 of the color ma~ (attached), he cleared several
downed trees in the creek or over it. In Area 2, the creek takes
a sharp bend and the bank there was undercut and unstable. He
Cleared the undercut and sloped the land so it is now stable.
Areas 2 and 3 ''lere covered mostlj wi th brambles. III clearin~
the buildin~ site of trees, one lar~e oak tree fell into Area
3, instead of the driveway. In removin~ the oak tree from Area
3 with pouer equipment, the brambles and some bamboo were also
removed. It was the accidental clearin~ of Area 3 that caused
this project to exceed the maximum 2500 s~. ft. of the buffer
rules and also the Kimley-Horne letter mentioned earlier in this
letter. Th2 final ~Jart of the contractor's worJc was to cover
the cleared site with winter-rye grass seed that I bought for
him from Agri Supply in Garner. Also, a second erosion fence
was installed at end of Zone 1 of the buffer. The buffer area
was covered with wheat straw. In March, after the weather warns
ud, Areas 2 and 3 will be Jlanted with trees as Jer your specifi-
cations. Prior to the seedin~, the contractor~a~t~Atinuous ero-
sion fence near the creek in Areas 1,2, and 3: It has been work-
ing ,veIl to stabilize the straw cover and ~rass seed.

I have talked to my surveyor and reyuested him to do a survey
as Jer your letter.

All of the above work was completed in late January and early
February as the weather permitted. As of date of this letter,
the winter rye has s~rou~ted and is providing a ~ood ~round
cover.

Sincerely yours,
~ . / /--~ ('--'. 1"--
/' ,-((~l-'-c' -C,.V7-

that we will

m&@@DW&@

APR 2 1 1005

I will kee~ yOU informed as to other improvements
mdlce to the lot.

Lee Hendricks

. ~ DENR - W
WtTLANDSA"D :~TER QUALITY
" STORII.WATER BRAt
iCH

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Kimley-Horn
and Associates, Inc,

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February 18,2000

Mr. Alton L. Smith. III
Trademark Properties
4000 Blue Ridge Rd.
Suite 100
Raleigh, North Carolina 27612

Re: Evergreen Property

Dear Mr. Smith:

Attached please find a copy of our transmittal to the NC Division of Water
Quality notifing them of the proposed driveway crossing associated with Lot-30
Evergreen Avenue. To date we have received no comment from the Division of
Water Quality and as explained in the ktter. based on the current Neuse River
Basin Rules the proposed activity is exempt as long as stream impacts do not
exceed 25 linear feet and buffer impacts do not exceed 2.500 square feet.

Additionally inCluded is a drawing depicting the stream location. buffers to
remain and the driveway/culvert locations. This information should be adequate
to answer any questions the City of Raleigh may have concerning the 0leuse
River Buffer rules and your project. Finally. within 30 days of completion of
your driveway project. preferably before April 14.2000 (proposed date for
moditications to Nationwide Pennit # 26. which mayor may not (most likely)
elTe~t proposed project) please sign the enclosed foml and submit to the {j,S,
Army Corps of Engineers to serves as post construction notitication of a minor
stream impact that is permitted under the general conditions of Nationwide
Permit # 26,

Please contact me (677-2138) if you have any further questions.

Very truly yours.

KI~ll.EY-HORS ,\:\D :\SSOCI:\ rES. I;-..JC

JiM kiL/

Keith \larl-Jand
EII\ irpnl11clllal Scientist, P\\'S

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TEL [phone]
FAX [phone]

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P.O, Box 33068
Raleigh, North Carolina
27636.3068

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LOT 30-MRS. MARY G. JOHNSON
EVERGREEN AVE
WAKE COUNTY, RALEIGH

TRADEMARK PROPERTIES

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Michael F. Easley, Governor
William G. Ross Jr" Secretary
North Caroiina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality

February 14,2005

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Lee Hendricks
5812 Deblyn Avenue
Raleigh, NC 27612-2603

Subject:

NOTICE OF VIOLATION
1713 Evergreen Avenue
Lot 30, Mary G. Johnson Subdivision
Raleigh, North Carolina
Neuse River Riparian Buffer Violation
Wake County

Dear Mr, Hendricks:

On January 26, 2005, Eric Kulz from the Division of Water Quality (DWQ) Raleigh Regional
Office conducted a site inspection at the subject property (PIN 0792-86-4772) located on the south side of
Evergreen Avenue in Raleigh (Wake County), North Carolina. This inspection was conducted in
response to a complaint regarding potential construction activities within the Neuse River Riparian
Buffer.

./

During the site visit, the investigator observed that construction of a driveway was in progress
across an unnamed tributary (UT) to Walnut Creek. Trees had been cleared from a portion of the lot, a
pipe had been placed in the stream and fill was being brought in to complete a driveway to the proposed
building location in the southeast comer of the lot. Trees had been cleared and fill had been placed within
the Neuse River Riparian Buffer in excess of what is allowed for driveway crossings.

Based on review of DWQ files, no variances have been authorized for impacts within the Neuse
River Riparian Buffer beyond those allowed for a driveway crossing on a single-family lot. As a result
of the site inspection and file review, the following violations are noted:

1) Neuse River Riparian Buffer Violations

Item I. Neuse River Riparian Buffers

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 ~he 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 (intennittent 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 1] 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.

Raleigh Regional Office 1628 Mail SelVice Center
Water Quality Section Raleigh, NC 27699-1628

t&"fA
NCDfr:m

phone [phone] Customer SelVice
facsimile [phone] 1-877-623-6748

Mr. Lee .Hendricks
1713 Evergreen Avenue
Page 2 of4
2/14/2005

As a result, the following riparian buffer rule violations are noted:

Neuse River Buffer Rule 15A NCAC 28.0233: Deposition offill, grading, and the respective
clearing of vegetation 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. Further, diffuse flow of stonn water was not maintained and notification was not
provided to DWQ prior to these riparian zone impacts. Also, no variance or Practical Alternative Request
was received prior to the riparian zone impacts. Approximately 2,650 square feet of Zone 1 impacts in
excess of those associated with a single-family driveway crossing (including the driveway footprint and
additional incidental land clearing) were observed. The site visit and file review confinned that riparian
buffer impacts associated with construction activities beyond those associated with a single-family
driveway crossing were not authorized by DWQ. Specifically, no request, or a DWQ practical
alternative detennination, variance or authorization had been issued for these impacts to the riparian zone.

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 provide a revised survey map that shows the actual alignment of the driveway footprint
(including extents offill, pipe in stream, etc.) and additional cleared areas within the riparian
zone. Specifically, this map should clearly indicate Zone 1 and Zone 2 of the Riparian Buffer,
and include an account of the area of the unauthorized impact. Also, the map should depict the
stream channel, adjacent property lines, nearby roadways, culverts, and any other significant
structures.

2. Please indicate what efforts you have taken to temporarily stabilize the streamside areas. This
issue should be addressed immediately in order to help avoid additional stream standard
violations.

Within 30 days, please respond to the following:

3. Impacts associated with the driveway crossing (25 linear feet of stream bufferll,660 square feet
of Zone 1 impact) are exempt, i.e. allowed without notification or mitigation. However,
additional impacts resulting from the driveway passing in close proximity to meanders in the
stream may be allowable with mitigation. Notification to DWQ is required.

Please submit a completed Pre-Construction Notification (PCN) for the additional impacts as
described below. This PCN should cover impacts associated with the driveway footprint, as well
as those resulting from additional incidental removal of vegetation.

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

sr.rA
__1'_
NCDENR

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Mr. Lee 'Hendricks
1713 Evergreen Avenue
Page 3 of4
2/14/2005

The PCN should address the following impacts:

Impacts to Zone 1 within the footprint of the driveway
Impacts to Zone 2 within the footprint of the driveway

550 SF
200 SF

Additional impacts to Zone 1 outside driveway footprint

2,100 SF

Additional impacts to Zone 2 outside the driveway footprint must be seeded and maintained
following completion of construction activities.

4. For impacts associated with the footprint of the driveway (550 SF in Zone 1, and 200 SF in Zone
2), mitigation will be required. Payment to the Ecosystem Enhancement Program to offset
impacts is allowed. Mitigation costs are 3.0 x (square footage of impacts) x $0.97/square foot for
Zone 1, and 1.5 x (square footage of impacts) x $0.97/square foot for Zone 2.

"

5. For impacts resulting from additional land clearing, DWQ has determined that on-site mitigation
(restoration) of Zone 1 impacts will be required. Please submit a buffer restoration plan to the
Division of Water Quality. This restoration plan should include a plan for the revegetation of the
impacted areas. A planting plan must be developed and implemented in order 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 by planting approximately 436 trees/acre on a 10 x 10
ft. grid or 681 trees/acre on an 8 x 8 ft. grid. Please see the Guidelines for Riparian Buffer
Restoration (January 2001) for assistance in developing your plan (available on the DWQ web
site athttp://h20.enr.state.nc.us/wrp/ pdf/buffers.pdf). The plan should specifically include
provisions for at least 20% of the planted trees to be three-gallon size or greater.

Please indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished. As a part of this schedule you should detail/include a three-year
monitoring plan.

Copies of the restoration plan should be included with the PCN, and a copy should also be
forwarded 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.

6. As part of the completion of the revised survey for the property, Zone 1 of the riparian zone
should be marked with orange tree boundary fencing or some other similar substantial barrier to
ensure that additional impacts do not occur during construction of the house. In addition, please
note that no permanent impacts beyond the driveway (e.g. structures, walkways, decks, etc.) are
allowed within Zone 2 of the riparian zone. This zone should be staked or otherwise clearly
marked prior to commencement of construction activities.

7. Once construction of the house and buffer restoration activities are completed, you must ensure
that any occupants of the house (renters or purchasers) are aware of the riparian buffers and the
rules associated with the presence of these buffers. You should also make them aware of your
requirement to monitor the restored areas for a three-year period.

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh. NC 27699-1628

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NCDENa

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phone [phone] us ~ I
facsimile (919) rfPf1W 1 1-8n-623!. 48
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WE DENR - ".'1.T
TLANDSAND ST, E~,~UALlTY
Oa..f,'AT.cRBD'
'- 'Vit.'CH

IV1r. Lee'Hendricks
1713 Evergreen Avenue
Page 4 of 4
2/14/2005

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 or myself at [phone].

Sincerely,

LJ!tJ

Ken Schuster
Water Quality Regional Supervisor

cc:

40lfWetland Unit
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
City of Raleigh
RRO - File Copy
Central Files

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

t..";'A
NCDENR

phone [phone] Customer Service
facsimile [phone] 1-8n-623-6748

."

,/

Michael F. Easley, Governor
William G, Ross Jr" Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P.E, Director
Colleen H, Sullins, Depuly Director
Division of Waler Quality

February 14,2005

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Lee Hendricks
5812 Deblyn Avenue
Raleigh, NC 27612-2603

Subject:

NOTICE OF VIOLATION
1713 Evergreen Avenue
Lot 30, Mary G. Johnson Subdivision
Raleigh, North Carolina
Neuse River Riparian Buffer Violation
Wake County

Dear Mr, Hendricks:

On January 26,2005, Eric Kulz from the Division of Water Quality (DWQ) Raleigh Regional
Office conducted a site inspection at the subject property (PIN 0792-86-4772) located on the south side of
Evergreen Avenue in Raleigh (Wake County), North Carolina. This inspection was conducted in
response to a complaint regarding potential construction activities within the Neuse River Riparian
Buffer.

During the site visit, the investigator observed that construction of a driveway was in progress
across an unnamed tributary (UT) to Walnut Creek. Trees had been cleared from a portion of the lot, a
pipe had been placed in the stream and fill was being brought in to complete a driveway to the proposed
building location in the southeast corner of the lot. Trees had been cleared and fill had been placed within
the Neusc River Riparian Buffer in excess of what is allowed for driveway crossings.

Based on review of DWQ files, no variances have been authorized for impacts within the Neuse
River Riparian Buffer beyond those allowed for a driveway crossing on a single-family lot. As a result
of the site inspection and file review, the following violations are noted:

1) Neuse River Riparian Buffer Violations

Item I. Neuse River Riparian Buffers

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 ofthe 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,

Raleigh Regional Office 1628 Mail Service Center
Water Qualily Section Raleigh, NC 27699-1628

S"'A
--1'
NCOW

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Mr. Lee Hendricks
1713 Evergreen Avenue
Page 2 of 4
2/14/2005

,.,

....

As a result, the following riparian buffer rule violations are noted:

Neuse River Buffer Rule 15A NCAC 28.0233: Deposition offill, grading, and the respective
clearing of vegetation 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. Further, diffuse flow of storm water was not maintained and notification was not
provided to DWQ prior to these riparian zone impacts. Also, no variance or Practical Alternative Request
was received prior to the riparian zone impacts, Approximately 2,650 square feet of Zone 1 impacts in
excess of those associated with a single-family driveway crossing (including the driveway footprint and
additional incidental land clearing) were observed. The site visit and file review confirmed that riparian
buffer impacts associated with construction activities beyond those associated with a single-family
driveway crossing 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,

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 provide a revised survey map that shows the actual alignment of the driveway footprint
(including extents offill, pipe in stream, etc.) and additional cleared areas within the riparian
zone. Specifically, this map should clearly indicate Zone 1 and Zone 2 of the Riparian Buffer,
and include an account of the area of the unauthorized impact. Also, the map should depict the
stream channel, adjacent property lines, nearby roadways, culverts, and any other significant
structures.

2, Please indicate what efforts you have taken to temporarily stabilize the streamside areas. This
issue should be addressed immediately in order to help avoid additional stream standard
violations.

Within 30 days, please respond to the following:

3, Impacts associated with the driveway crossing (25 linear feet of stream buffer/l,660 square feet
of Zone I impact) are exempt, i.e. allowed without notification or mitigation. However,
additional impacts resulting from the driveway passing in close proximity to meanders in the
stream may be allowable with mitigation, Notification to DWQ is required,

Please submit a completed Pre-Construction Notification (PCN) for the additional impacts as
described below, This PCN should cover impacts associated with the driveway footprint, as well
as those resulting from additional incidental removal of vegetation,

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

~..~
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NCDEr\R

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

..

Mr, Lee Hendricks
1713 Evergreen Avenue
Page 3 of 4
2/14/2005

The PCN should address the following impacts:

Impacts to Zone 1 within the footprint of the driveway
Impacts to Zone 2 within the footprint of the driveway

550 SF
200 SF

Additional impacts to Zone 1 outside driveway footprint

2,100 SF

Additional impacts to Zone 2 outside the driveway footprint must be seeded and maintained
following completion of construction activities.

4, For impacts associated with the footprint of the driveway (550 SF in Zone 1, and 200 SF in Zone
2), mitigation will be required. Payment to the Ecosystem Enhancement Program to offset
impacts is allowed. Mitigation costs are 3.0 x (square footage of impacts) x $0.97/square foot for
Zone 1, and 1.5 x (square footage of impacts) x $0.97/square foot for Zone 2.

5. For impacts resulting from additional land clearing, DWQ has detennined that on-site mitigation
(restoration) of Zone 1 impacts will be required, Please submit a buffer restoration plan to the
Division of Water Quality. This restoration plan should include a plan for the revegetation of the
impacted areas. A planting plan must be developed and implemented in order 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 by planting approximately 436 trees/acre on a lOx 10
ft. grid or 681 trees/acre on an 8 x 8 ft. grid. Please see the Guidelines for Riparian Buffer
Restoration (January 2001) for assistance in developing your plan (available on the DWQ web
site athttp://h20.enr.state.nc.us/wrp/ pdf/buffers,pdf). The plan should specifically include
provisions for at least 20% of the planted trees to be three-gallon size or greater.

Please indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished. As a part of this schedule you should detail/include a three-year
monitoring plan.

Copies of the restoration plan should be included with the PCN, and a copy should also be
forwarded 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.

6, As part of the completion of the revised survey for the property, Zone 1 of the riparian zone
should be marked with orange tree boundary fencing or some other similar substantial barrier to
ensure that additional impacts do not occur during construction of the house, In addition, please
note that no pennanent impacts beyond the driveway (e.g, structures, walkways, decks, etc.) are
allowed within Zone 2 of the riparian zone. This zone should be staked or otherwise clearly
marked prior to commencement of construction activities.

7. Once construction of the house and buffer restoration activities are completed, you must ensure
that any occupants of the house (renters or purchasers) are aware of the riparian buffers and the
rules associated with the presence of these buffers, You should also make them aware of your
requirement to monitor the restored areas for a three-year period.

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

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--~
NC[)E~~R

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Mr. Lee Hendricks
1713 Evergreen Avenue
Page 4 of 4
2/14/2005

..

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 or myself at [phone].

Sincerely,

LJ!tJ

Ken Schuster
Water Quality Regional Supervisor

cc:

401/Wetland Unit
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
City of Raleigh
RRO - File Copy
Central Files

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Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

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phone [phone] Customer Service
facsimile [phone] 1-877-623-6748