19981225 Ver 1_COMPLETE FILE_19981210

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ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 245-2575

Erosion Control Division
[phone]
[phone] (FAX)
www.co.orange.nc.us

306F Revere Road
POBox 8181
Hillsborough,
North Carolina, 27278

.

June 26th, 2002

RE:

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Notice of Violation of Neuse River Buffer
Notice of Violation of 15A NCAC 2B .0233
PIN 0807-59-6421

Certified Mail
z 169-684-059

Ms. Amanda Tapp
5705 Briana's Way
Rougemont, North Carolina 27572

Dear Ms. T app:

If you are not the Owner of the above referenced property please contact this office
immediately.

An unnamed tributary to the North Fork of the Little River originates above the small pond on
your property and flows through roughly the center of your lot and exits to the Northeast.
Under the Neuse Rules an undisturbed 50-foot riparian buffer protects the Pond and stream.
Enforcement of the Buffer has been delegated by the Environmental Management
Commission to Orange County's Erosion Control Division.

Staff inspected your sit Tuesday at approximately 3:30 and discovered that your contractors
have cleared to and in places have obliterated the stream channel. Over 100 linear feet of
the buffer has been impacted.

Please be advised that this violation is subject to a $5,000.00/per day fine if the buffer is not
restored and the lot graded so that Stormwater runoff is dispersed evenly into the buffer.
The intent is to allow the Riparian buffer to remove pollutants such" as nitrogen from lawn
fertilizer.

You must direct your contractors to restore the buffer immediately.

Page 1 of2

Note: You can under the Neuse Rules request a Minor Variance to impact the first 20 feet
(outer edge) of the buffer and remove small tress/shrubs with the intent of establishing a
lawn.

A one time application of fertilizer is allowed to establish new vegetation. However, this
would also require obtaining a Zoning variance since under Zoning, the stream buffers are
more extensive than the Neuse Buffers. Contact Tom King (Zoning Compliance Officer) at
245-2607 and Carla Bateman, Planner I at 245-2603 for how to proceed.

Sincerely,

~~~

Reynolds J. (Ren) Ivins, Erosion Control Supervisor
Orange County Riparian Buffer Administrator

Cc: Mr. John Dorney, Section Chief, 401/Wetlands Unit

Page 2 of2

COPy

Action I D:

200220570

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
County: Wake

NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE

Responsible
Party Jane Hurst

.
- 1
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-."", --'-.. ..J
\;':,TlANOS Gft{)Ur>
. jI';~ QJ!A lJ!.:!..gfjlC' ,

Address 1 0304 Ten-Ten Road
Raleigh, NC 27603
Telephone Number 919-349;.2526

Size and Location of Propertv (waterbody, Hi~hway name/number, town, etc.): The property is
located at 10304 Ten-Ten Road (SR 1010), which is located in the southwest quadrant of the intersection
ofTen-Ten Road and Joe Leach Road, in Raleigh, Wake County, North Carolina.

Description of Unauthorized Activity / Permit Noncompliance: Approximately 0.22 acre of wetlands
had been excavated for the construction a pond and approximately 0,11 acre of excavated material had
been placed adjacent to the pond in wetland areas. Total disturbance to wetlands, which includes
excavation and fill, equals 0.33 acre,

Indicate Which of the Following Apply:
X Unauthorized Activity
~_u__Noncompliance with Permit

River and Harbor Act, Section 10 (33 USC 403)
X Clean Water Act, Section 301 (33 USC 1311)

Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization. and/or f~lil to perform the requested
remedial action, the Corps will take further administrative action. and may request the lJ .S. Attorney to
file suit against you. If you need further information ahout the Corps of Engineers regulatory program,
please contact Amanda D. Jones __ at telephone number (919) 876 - 8441 extension 30

Remedial Action Requested: Restore the wetland areas to pre-construction contours by removing the
excavated material from the wetland areas to high ground. Once pre-construction contours are restored,
wetland tree seedlings must be planted on twelve-foot centers during the next available growing season.
See attached for list of acceptable tree species. If you are unable to complete restoration within 60 days
due to inclement weather or other ji.lsti liahle reason, please contact our office to request more time.

Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Party Signature _~_

{~ 6ct

Regulatory Project Manager Signature
Date . d -oL[ -Q3.__~_~

WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.

CF:

DENR - DWQ, Wetlands/401 Unit, Attn: Danny Smith, 1650 Mail Service Center, Raleigh, NC 27699

Wake County Environmental Services, Attn: Mike Coughlin, P.O. Box 550, I st Floor WCOB, Raleigh, NC
27602-0550

COASTAL PLAIN CONSERVATION NURSERY
ElLen J. CoLodney, M.D. owner
3067 Conners Drive Edenton, North Carolina 27932
252-482-5707 (office) 252-339-7674 (cellular) 252-482-4987 (fax)
a HUB certified woman owned business ,

.

.

FALL 2000-2001 WETLAND TREE AND SHRUB LIST

~

cAl!!l!s ~1TtJlata Hazet~ooth) Alder '
(Callicarpa am~ric~n~ - Am~riciIlBea~f.yJerry
(Carya-()-vata-- ~~a9.Qar~ Hickory__
Cflethra alnifolia___ _ ____ --~Sum~~~eel Clet/1@.
(CornLis Florida Flowering Dogwood
. (Fraxinus ,,_ -'lshluQspecjfJ~wamp species'L
CGOrdOiiialasianthl1s-'- _ ,____,__ ~_ _l.QbJollililY.__,____ ____
(iieigitbra--------'-:=_=_--=--_.JrlkQ~rry~_ ,------ "--" -"
(Ilex verticillata---=' _ .,__' ~--~ )\'interherry =-=-_ _
(Itea v~rginica __ ____ _, _ __ _ ___ _~--~~- .Y.imiDia WillOW(SweetspireL
(Mqgnolia ~ft!linfu,a u -- __..J.~e~tbaiMaglloiia __n_
(Myrica cerifera _ ,_ - -~'_Jia~y[tle-=-~~
(Nyssa aquaticaWat~r TllJl.elo
. " ~ n,__'

(Nyssa sylvatica vai:bifiora----------sw.amp (Tupelo) Btacl~gl!ll1_____
(Persea palusl!ii_ ___~_a.f11jJRed~
(Platanus occiden~lis_ ,__ ---- ,- ---jycilm()~-
(Quercus falcata var. e~gp(jifolia-~ _ _ ____Jherrybark Oak__
(Quercus michauxTi, _ _ _ -Swa~-d1estnut:rnasket) Qak__
(Quercus phellos. Willow Oak
(ffOJ~alustr;s_ Swamp Rose
a~!!,buCil! canadensis_ Etde.r:berry
0ax~(lJu1l1 di~ichum Bald (yp!.ess
(Vaccinium corymbosum Highbush Blueberry
(~iburllUm nUcJum Possumhaw Viburnum

$2.00
- ._--_._~--_. ---~ -------~---- --.-.
-----------'--------------...
7000 $1.20
-- ---~-----=--~ ----=--==-~- -------~- - -- ~=~==~=~--~~-
4000 $1.20 $4.75
---- -------- -- -~-----------_._----
----~- --- -_._-~---- --.. ----------- ------."--
5000 $1.20 $4.75
--.------------------------, ---~~----
----.'.-----.'-------- -- -...__._-'-'---~ -- ---.---------.--.-.-."--
2000 $1.20 $5.25
-.--' ,-- ,_..._,-----,.,---
_ __. _________.___ __.___._________ __ .. __~__ .....L._..___._
1000 $1.20

-,
500

-----------------_n.--..e----
$6.00

$5.50.
---",-1-

_.1'0..900

$0.80

4000 $0.80

1600

$0.80
------'

----..-----..---.--

$0.80 .
--.-.. -------- ---------.. ----....--

$0.80 ,
------------. - ---------,--.'.---
-...- -_._--~._----_._..-
$0.80 $4.50

1,<190_
300

$0.80
,

$0.80

$1.20

$4.75
$4,25

$0.80

$1.20
$0,80

$5.00

CoastaL PLain Conservation Nursery provides top quality trees an'd shrubs for wetland restoriltion, enhancement, and mitigation
projects in the coastal plains of the Carolinas and tidewater Virginia, Our plants are grown from seed and vegetative propagules
collected from plants growing wild in eastern North Carolina wetlands, and are perfectly adapted to our region's ecosystems,
We gww trees such as Carya ovata, Persea palustris, and Nyssa sylvatica var. biflora that are essential components of southern
forested wetlands but are not available through our state nurseries, as well as the wetland shrubs needed for habitat enhancement
and streambank stabilization. And we use state of the art growing methd"ds to produce thick stemmed yeartings with highly branched,
compact root systems, allowing even "hard to transplant" species to establish under challenging conditions, As a bonus for the
environment, our plants are started in soilless media and grown under screening - a practice which nearly eliminates th~ need
for synfhetic pesticides and herbicides.

RP-BR = seedling ~tarted in root pruning corltainer. transplanted to field fOI more growth if needed and finally lifted bare root.
Plug = 2.S"xS" root pruned plug Gal = I qallon container TR = grown in raised bed with ')tronq taproot for easy planting in muck.
All priu:<; drp f .O.B, fd('llton. North Cdrolilld dlH! diP glldlrlnleed f Of pldllL pi(hd IIp or ddiv('red before 2/11)/70G1.

.
,

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890

IN REPLY REFER TO

Dccember II, 200 I

Regulatory Division

Action ID. 200020306

Mr. & Mrs. Ron Jordan
209 East Church Street
Nashville, North Carolina 27856

Dear Mr. & Mrs. Jordan:

This lettcr is in response to the site inspection of November 21, 2001, conducted by
Ms. Amanda Jones of the Raleigh Regulatory Field Office on the property located on the east
side of N.C. Hwy 58 (Washington Street), approximately 500 feet south of its intersection with
U.S. Hwy 64, in Nashville, Nash County, North Carolina. The purpose of this meeting was to
investigate a report of unauthorized mechanized land clearing in wetlands adjacent to Stony
Creek in the Tar River Basin.

The site inspection revealed that approximately 0.97 acre of vegetated wetlands had been
mechanically cleared and graded. The purpose of the work, as described in the referenced
meeting, is two-fold to convert the area into agricultural production, specifically the production
of a soybean crop, and to prepare the site for possible future commercial development. These
activities, involving the discharge of excavated and fill material in waters of the United States
without authorization by a Department of the Army (DA) permit, are violations of Section 301 of
the Clean Water Act (33 U.S.c. 1311).

,
During the November 21, 200 I inspection, you agreed that no further work would be carried
out within waters or wetlands on thc site pending resolution of the violation. While complete
restoration of the impacted wetlands will resolve the violation, you stated that it is your intention
to submit an after-the fact individual DA permit application for the work. The individual permit
application that Ms. Jones provided to you during the inspection should be completed and
returned to the Raleigh Regulatory Field Office no later than January 5, 2001. Please note that
our acceptance of an after-the-fact permit application does not imply, by the Corps of Engineers
or other agencies, either a favorable or unfavorable opinion of the work pcrformed. Should you
choosc to pursue after-the-fact authorization, further action on the violation will be suspended
pending the outcome of this considcration.

,

-2-

Submittal of your after-the-fact permit application should include information that satisfies
the requirements of the Memorandum of Agreement (MOA) between the DA and the U.S.
Environmental Protection Agency (EP A), signed On February 6, 1990, which establishing
procedures to determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(l) Guidelines. This MOA provides for first, avoiding impacts to
waters and wetlands through the selection of the least damaging, practical alternative; second,
taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally,
compensating for any remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we request that you
provide the following information in support of your permit application:

a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives to the mechanized land-clearing activity in
approximately 0.97 acres of wetlands for the purpose of agricultural production and/or future
commercial development Specifically, this information should include a description of other
high ground alternatives on-site or other properties within the general vicinity of the proposed
project that could be utilized for the same purposes with fewer impacts to waters of the United
States.

b, It is necessary for you to have taken all appropriate and practical steps to minimize wetland
losses. Please indicate all that you have done, especially regarding the modification of plans and
proposed construction techniques, to minimize adverse impacts (i.e., to reduce the discharge of
fill material into waters of the United States as much as practicable). Your response should
address alternate production/development locations on-site that would result in reduced impacts
to wetlands.

c. The MOA requires that appropriate and practical mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practical minimization has been
employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters (to
include wetlands as well as stream channels), or provide information as to the absence of any
such appropriate and practical measures.

This information will be essential to our expeditious processing of your after-the-fact permit
application. Also, a copy of this information should be sent to the North Carolina Division of
Water Quality to enable them to adequately evaluate your application for a Water Quality
Certification pursuant to Section 40 I of the Clean Water Act.

Please be reminded that no further work within wetlands or waters can occur on your
property until this matter is resolved, Such work, without authorization by a DA permit, may
result in referral of this matter to the U.S. Attorney for appropriate action. In addition, please be
reminded that your conversion of wetlands for agricultural production may result in the loss of
USDA benefits for you or anyone else farming the project tract

"

-3-

We would strongly recommend that you contact the Nash County Field Office of the Natural
Resources Conservation Service for further information regarding USDA benefits.

If you have any questions, plcase contact Ms. Amanda Jones of the Raleigh Regulatory Field
Office staff at [phone], ext. 30.

Sinccrely,

S. Kenneth Jolly
Chief, Raleigh Regulatory Field Office

Copies Furnished:

United States Attorney
310 New Bern Ave., Suite 800
Fedcral Building
Raleigh, North Carolina 27601-1461

Mr. Ronald Mikulak, Chicf
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Terry Best
Natural Resource Conservation Service
Room 107, Ag Center Drive
1006 Eastern Avenue
Nashville, North Carolina 27856

Ms. Melba McGee
N.C Department of Environment
and Natural Rcsources
160 I Mai I Service Center
Raleigh, North Carolina 27699-1601

Dr. Garland Purdue
U.S. Fish and Wildlife Service
Post Office Box 33726
Ralcigh, North Carolina 27636-3726

Mr. John Dorney
~i 'sion of Water Quality
.C. Department of Environmcnt
and Natural Resources
Wetland /401 Unit
1650 Mail Scrvice Center
Raleigh, North Carolina 27699-1650

0<;; WAr~~.
O~ Oc;.
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- I
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Michael F. Easley
Governor

William G. Ross. Jr., Secretary
Department of Environment and Natural Resources

Kerr T. Stevens
Division of Water Quality

December 21, 200 1
DWQ Project # 011725
Wake

ML Marc Hagle, CEO
Main Street Station of NC, LP
100 E Sybelia Drive
Maitland, FI 32751

Re: Fuquay Varina Sanitary Sewer Line Relocation
and riparian restoration

APPROV AL of 401 Water Quality Certification and A UTHORIZA TION CERTIFICATE per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with ADDITIONAL CONDITIONS

Dear Sirs,

You have our approval, in accordance with the attached conditions, to place fill within 0.17 acres of wetlands and disturb 0.08
acres of protected riparian buffers for the purpose of constructing the sewer line, as described within your application dated November
20,2001 with additional information provided within the December 14,2001 restoration plan. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Numbers 3288, This Certification allows you to use
Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). This letter will also act as your Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233, In addition, you should get any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control.
Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.

This approval is only valid for the purpose and design that you described in your application dated November 20, 200 1 with
additional information provided within December 14,2001. 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 Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream. compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h), For this approval to
be valid. you must follow the conditions listed in the attached certification and any additional conditions listed below.

1. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers as identified within
I5A NCAC 2B .0233,
2. Upon completion of all work approved within this Certification Approval and Authorization Certificate, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 40 llWetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650..
3. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved
under this authorization shall be clearly marked by orange fabric fencing for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B .0233 and GC 3288.
4. The Zone I sewer line is required to be completely abandoned by no later April 1, 2002.
5. After the Zone I sewer line is abandoned please provide a letter to the Division of Water Quality, Raleigh Regional
Office, 3800 Barrett Dr., Raleigh NC, 27609 and to the 401 Wetlands Certification Unit at the letterhead address
detailing that the sewer line is properly abandoned as indicated in the restoration plan prepared by Engineering
Consultant Services, LTD. dated December 14,2001.
6. Restoration to Zone I, as indicated by the restoration plan prepared by Engineering Consultant Services, LTD. dated
December 14,2001, is required, Also, additional conditions include the restoration planting efforts as proposed in the
plan be completed prior to the submission of the first monitoring report which is to be no latter than December 31,

401 WETlANDS CERTFICATION UNIT
North Carolina Division of Water Quality, Department 01 Environment and Natural Resources
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o,enr.state.nc.us/ncwetlands

Page 2 of 2

2002. Also, it is a condition that these monitoring reports specifically include accounts, dates, and actions taken to
abate problems that are observed during monitoring efforts to insure the restoration success of Zone I.

If you do not accept any of the conditions of this certification and authorization certificate, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Di vision of Water Quality under Section 40 I of the Clean Water Act and Neuse
riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone John Dorney at
919-733-9646 or Danny Smith at 919-733-9716.

Sincerely,

Dlu~J

I g ry J. Thorpe
~ C WQ, Acting Di ctor

Cc: US Army Corps of Engineers Raleigh Regulatory Field Office
NC Division of Water Quality Raleigh Regional Office - Charles Brown
File Copy
Central Files
Danny Smith -401 Wetland Unit
Ben Wilson -Engineering Consulting Services, LTD.
P,O. Box 12015, Research Triangle Park, NC 27709

[DWQ # 011725]

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December 10 .1998

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Mr. John Dorney
Re: Tax Parcel #1813.03-23-2357

Mr. Dorney

Enclosed are a soils/topography map and a preliminary subdivision plan for the western
portion (outlined in pink, roughly 43 acres) of the above referenced property. The
unsuitable portion on the preliminary plan is based on a soil study done by Dan Bliley.
The pond is fed only by rain runoff. At your earliest convenience, please let me know
if any portions of this tract would require a riparian buffer. I can be reached at 848-
6517 ( office) or pager 510-1468 (digital or voice mail). If I am not in you can also ask
for Julie Wright.

Thank you,

t(lczy;lfl

Wayne Bailey

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James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

October 16, 1998
Wake County
DWQ Project # 981006

APPROVAL of Neuse River Buffer Rules

Brier Creek Associates
333 Corporate Plaza
Suite 300
Raleigh, NC 27601

Dear Sirs:

You have our approval, to add a road crossing, as you described in your application dated October
8, 1998. After reviewing your application, we have decided that this project is covered by the Neuse River
buffer rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and send us a new application. If the property is sold, the new
owner must be given a copy of this approval letter and is thereby responsible for complying with all
conditions.
If you do not accept any of the conditions of this approval, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. This approval and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River buffer
rules. If you any questions, please telephone John Dorney at 919-733-1786.

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cc:

Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files

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981006.1tr

Wetlands/401 Unit

4401 Reedy Creek Road
Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Raleigh, North Carolina 27607
FAX # [phone]
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~'l ",{.' .:c Robert Zarzecki
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; JAMES B. HUNT JR. 244 West Millbrook Road
~.,GoVERNOR t., Raleigh, N. C. 27609
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~',' 'WAYNIE MCDEV," ITT' ,
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ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE

August 7, 1998

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Neuse River Basin
Riparian Buffer Rules
NBR-RRO 43
Briar Creek
Project #98-3917
Wake County

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Dear Mr. Zarzecki:

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On August 4, 1998, I met with you at the subject property to conduct a site visit for the above
referenced project. This project is refenced by the Raleigh Regional Officed as NBR RRO-043 and
the Wetlands Group as 98-3917.

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, , As a result of that site visit, it was determined that there are no streams present on the
l- , property and that the feature present on this tract ofland tract is an ephemerallstormwater stream and
~ t .(.~. "i therefore not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy;
1 ~i ' l l Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233
{ t ' ',>i (NCAC 0233).
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'; ,t ~. -'.~~~ Thank you for your attention to this matter and if this Office can be of any assistance or if
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31100 BAIUtl!TT D,uVIl. SUITIl 101, RALIlIOH. NORTH CAROLINA 27808
~HONIl '" 8.S7 I -4700 FAX" I 8-S71-47111
AN EQUAL O""ORTUNITY I AI'I'IRMATIVIl ACTION EM"LOYIlR . SO,," RIlCYCLI!D/I 0,," "oaT,CONaUMI!R "A"IlR

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10/12/2001 14:14

91'3-890-3058

CITY COUNCIL RALEIGH

PAGE El1/0l

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COUNCIl-LOR
OlSTR1CT D

('JUg at r.J1aleigh /5\f
SNorth <Earolin.. ~~ ~
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October 12, 2001

To: John Domey Fax: [phone]; VM: 733-9646

FrOnl: Ben,onKirl=an ~~~

As 1 mentioned in our phone conversation of October 11, 2001, please examine
the following two locations on a tributary of Walnut Creek in the Robinwood
Neighborhood. This tributary runs south to' north roughly parallel to South Saunders
Street and west of the street.

1.

On the north side of Ileagnes Road on the west bank ofthc creek (about
200' west of8. Saunders) dumping of concrete and other fill in the
50'buffer adjacent to Ileagnes in front of the quadraplex; at least three
truckloads of soil were dwnped an the croek bank behind the quadraptex
and grading was proceeding on Monday' night on the bank where trees
used to be located.

2.

Upstream on the south side ofPear.h Road immediately west of S.
Wilmington, This undeveloped tract continues to have invasions into the
50' buffer with crossings. fill. etc. (Access is available only from inside
the neighborhood, since Peach Road does not connect to S. Saunders/So
Wilmington St.).

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r~LEPHONE, (919) BOO.305C

OFPICI"S. ii'Z' WEST HA.RGETT STREET' PO$; OFFIce; sox 590' RALeIGH. NORTH CA.ROLlNA 27602
Recycled P;:\per

John Dorney
Wetlands Unit
Division of Water Quali ty
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina

October 18, 2001 . t
395 Cecil Road - 4 \
Wendell, N. C. 27591 , ~ \ , Yt

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Dear John:

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To follow up on our conversat ,a out wetlands protection near my home in the Archer Lodge
area: As you recall I applied for, paid the processing fee for, and obtained a permit to construct a
pond in an area where wetlands were involved. So I am more familiar than I otherwise would have
been about where wetlands on my land may be.

Above this same area, and involving other wetlands adjacent to my property, Ida Odom has begun
grading for an approximately 130 home subdivision. The total lack of sedimentation control devices
at the outset of the project were so flagrant that our sedimentation control people became involved.
After significant and damaging sedimentation into a neighbor's stream and her pond, the erosion in
one place had been stopped only to find that another area was graded without sedimentation fences in
place, The graded area is precisely where the wetlands were indicated on my permit application and I
am concerned that the earlier lack of concern for water quality demonstrated by this developer is
carrying forward as this developer proceeds. If they did not grade and fill into the wetland, they
missed it by less than six inches.

I know there are other wetlands on my land that do not stop at my fence line, and I do 110t want to
wait until more damage has been done before this site is in compliance with wetlands regulations.
There is also a large old beaver pond on the site as well and I hope that area is being treated properly.

I deeply appreciated the swiftness with which DENR's sedimentation control people were able to get
on the scene and have the damaged area remedied and fences put up (the day before a major
rainstorm) that protected my stream, pond, and wetlands from erosion from completely cleared and
very sloped land adjacent to mine - not six inches of vegetation was left This despite the fact that a
sedimentation plan had been approved - but certainly not implemented.

Please let me know if I need to do anything more to determine where this proposed development is
encroaching on wetlands so I can try to prevent damage before it occurs. I hope your people can
make a site visit soon,

The land is in Archer Lodge, in Johnston County, on Cecil Road. If your folks take Covered Bridge
Road east from Buffalo Road exactly one mile and turn right on Cecil Road, the site is immediately
on the left before you get to the wooden white three board fence which is the start of my property. I
plan to hold off construction of my pond until they have finished moving dirt above the pond site.
Hope you can look at this construction site soon. I can be reached at 733-0711 or at home 553-
4901. Thanks. " ~
Sin,cerely, /)

[i';r;7U ( O:feA--

Anne Taylor )

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
po. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890

IN REPLY REFER TO

September 26, 200 I

Regulatory Division

Action ill. 200021794

xvf

Mr. Gray Methven
Director of Land
Pulte Home Corporation
401 Harrison Oaks Boulevard
Suite 250
Cary, North Carolina 27513

Dear Mr. Methven:

Please reference the site inspection of September 13,2001, conducted by Mr. Todd Tugwell
of the Raleigh Regulatory Field Office at Breckenridge Subdivision located northeast of the
intersection of Old Maynard Road and Koppers Road, adjacent to an unnamed tributary of Kit
Creek, in Morrisville, Wake County, North Carolina. Also in attendance were Mr. Matthew
Stetter of Froehling & Robertson, Inc., and Mr. Curtis Temple and Mr. Matthew Jarzynknwski of
Fowler, Inc. The purpose of this meeting was to investigate compliance with the individual
permit and associated conditions issued to you on January 17, 2001, related to the development
of Breckenridge Subdivision.

Based upon the inspection, several jurisdictional stream channels that have been impacted by
development activities are either not within compliance with the permit conditions or were not
identified as impacts in the original permit application. Specifically, there are at least two stream
crossings where impacts exceed those identified in your application and a separate section of
stream, measuring approximately 100 linear feet in length, that has been realigned and armored
with riprap but was not originally included in your permit application. Furthermore, it was
apparent that much of the area identified in your permit application as a preservation area, which
was considered as compensatory mitigation for impacts, has been cleared and graded. These
activities, either conducted in waters of the United Sates without authorization by a Department
of the Army (DA) permit or in violation of permit conditions, are violations of Section 301 of the
Clean Water Act (33 U.S.c. 1311).

You are requested to cease and desist from any further work in jurisdictional waters or
wetlands and to submit a detailed written explanation of your activities to this office within 10
days of your receipt of this letter.

-2-

This explanation should include a complete list of all additional, unpermitted or noncompliant
impacts to waters or wetlands that were not identi tied during your September 13, 2001, meeting
with Mr. Tugwell. We will then determine further appropriate administrative or legal action.
You are cautioned that a failure to comply with this directive may result in referral to the United
States Attol11ey with a recommendation for appropriate action.

If you have any questions, please contact Mr. Todd Tugwell of my Raleigh Regulatory Field
Office staff at [phone], ext. 26.

Sincerely,

G. Wayne Wright
Chief, Regulatory Division

Copies FUl11ished:

Mr. Matthew Stetter
Froehling & Robertson, Inc.
310 Hubert Street
Raleigh, North Carolina 27603

Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

U.S. Attol11ey
Eastel11 District of NC
310 New Bel11 Avenue, Suite 800
Federal Building
Raleigh, North Carolina 27601-1461

Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638

Dr. Garland Pardue
U.S, Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726

M'~. John DOl11ey
/
VDivision of Water Quality
N.C. Department of Environment
and Natural Resources
Wetland / 401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Byron Brady
Wake County Environmental Services
Post Office Box 550
Raleigh, North Carolina 27602

-3-

December 17, 200 1

Memo

To: John Dorney Db?
From: Danny Smith~
Subject: Fuquay-Varian Sewer relocation
Neuse Buffer - Wake Co.
01-1725

I have conducted several site visits and discussed this project with RRO and Bob Zarzecki. The
Fuquay Varian Sanitary Sewer Line Relocation project is proposed as a solution to the installation of a
sewer line in Zone I of the Buffer. The new sewer line is proposed to be located in Zone 2 and the old
sewer line abandoned. Impacts to Zone II are allowable due to issues with wetlands, adjacent pond
dam-toe, and property owner/ easements)

Accordingly, Zone I is proposed to be restored as detailed in the December 14,2001 restoration plan
prepared by Engineering Consulting Services, LTD. The restoration plan is adequate; however, the
RO is still considering forwarding an Enforcement Action recommendation.

Please issue NBR authorization

danny

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State of North Carolina
Degartment of Environment
ana Natural Resources
Raleigh Regional Office

.AVA
NCDENR

Michael F. Easley, Governor
William G. Ross, Jr., Secretary

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NArURAL RESOURCES

DIVISION OF WATER QUALITY

November 1,2001

CERTIFIED MAIL
RETURN RECEIPT REOUESTED

Mr. W oei Bin Fan
202 Coventry Lane
Cary, N.C. 27511

Subject:

Notice Of Violation
Neuse Buffer Rules
15A NCAC 02B .0233
NBRRO 01-275
731 N. Harrison Avenue
Wake County

Dear Mr. Fan:

You are receiving this letter as the main contact for the subject property referenced by the Raleigh Regional
Office as NBRRO 01-275. This site is in violation of The Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 0233){Neuse Buffer Rules}. On October 22 and 30, 2001, Division of Water
Quality (DWQ) staff from the Raleigh Regional Office conducted a site visit of the subject property. It was
determined that the riparian buffer along an unnamed tributary to Anderson Creek, a tributary to the Neuse
River, had been removed.

The Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the State shall be
protected. Therefore, the impacts to the riparian area referenced above is a violation of those Rules which
states that" For the purpose of this Rule, a surface water shall be present if the feature is approximately
shown on either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture or the most recent version on the
1 :24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey
(USGS). Existing riparian areas shall be protected and maintained on all sides of surface waters in the Neuse
River Basin (intermittent streams, perennial streams, lakes, and estuaries) Maintenance of the riparian areas
should be such that, to the maximum extent possible, sheet flow of surface water is achieved. Any activity
that would result in water quality standard violations or that disrupt the structural or functional integrity of
the riparian area are prohibited.

1628 Mail Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/10% post-consumer paper

The riparian buffer along the unnamed tributary is protected under this Rule promulgated under .0233(4)
which states the riparian buffer must be protected in two zones.

"Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)
of this Rule. Zone 1 shall begin at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extend landward a distance of 30 feet.

Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the
health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone
1 and extend landward 20 feet."

"Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.

Section (6) Table of Uses states that grading and revegetating is allowed in Zone 2 only provided that
diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are
stabilized is an allowable activity if permitted by the Division of Water Quality. No unpermitted land
disturbing activities are allowed in Zone 1 and no approval has been located for these activities.

You are required to respond to this Notice Of Violation within 10 days of its receipt. Your response should
be directed to me at 1628 Mail Service Center, Raleigh, North Carolina, 27699-1628. Please provide any
and all information relevant to the activities that have occurred, an alternative analysis that details the
necessity of the removal of the buffer.

Thank you for your attention to this matter. Please thoroughly address the above mentioned issues in your
response and provide any additional information that you wish to provide. If you have any questions, please
contact Mr. Joe Albiston or me at the Raleigh Regional Office, telephone number [phone].

Sincerely,

Kenneth Schuster, P.E.
Water Quality Regional Supervisor

cc: RRO/CO Enforcement
John Dorney
nbrlet.for/nbrbuf.O l/carynov .275

1628 Mall Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/10% post-consumer paper

~

State of North Carolina
Degartment of Environment
ana Natural Resources
Raleigh Regional Office

AVA
NCDEMR

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RI!:SOURCES

Michael F. Easley, Governor
William G. Ross, Secretary

October 22, 2001

CERTIFIED MAIL
RETURN RECEIPT REOUESTED

Mr. Stephen B. Eastman, President
Eastman Development Companies Inc.
P.O. Box 19205
Raleigh, NC 27619-9205

Subject: Notice of Violation and Enforcement Action Recommendation
Neuse Riparian Buffer Rule
401 Water Quality Certification
DWQ # 00 1549 - modification
Harrington Pines
Durham County

Dear Mr. Eastman:

On October 3, 2001 Charles Brown of my staff conducted an inspection of the subject site in
Durham County. The inspection was performed in response to concerns about the road crossing to
extend North Exeter Way across Sycamore Creek. In addition Regional Office staff conducted a file
review The file review revealed an August 8, 2001 aproval of 401 Water Quality Certification with
additional Conditions and Neuse River Buffer Rules. Specifically, the 170 linear feet of stream
impacts and an additional .064 ac ofNeuse River Buffer Riparian Buffer impacts which result in a
total authorized impact of 0.216 acres. Site visit and the subsequent review of the above mentioned
401 Certificiaiton and buffer authorization confirm the following violations of your 401 Water
Quality Certification and the Neuse Riparian Buffer Rules.

1) It was observed during the site visit that the length of impact to the streams at the crossings
labeled in your Pre-construction application as impact # 1 was approximately 116 linear feet.
Also, length of impact to the stream crossing for that labeled as impact # 4 was 115 feet of
impact. The total amount of linear feet of stream impact from both crossings was 231 feet. This
exceeds that authorized in the 401 Water Quality Certification.

2) An estimation of the acreage of buffer impacts that corresponds to the 231 feet of impact is
approximately .530 acre of riparian zone impacts. This amount of riparian zone impact exceeds
the total 0.216 acres of impact authorized in the 401 Certification.

1628 Mall Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/10% post-consumer paper

3) A temporary storm water basin was located in Zone 1 of the buffer. The discharge point was
located within the stream feature. 15 A NCAC 2B .0233 (5)(a) states the following:

t

"Concentrated runoff from new ditches or manmade conveyances shall be converted to
diffuse flow before the runoff enters the Zone 2 of the Riparian buffer."

4) A temporary storm water basin was located in Zone 1 of the buffer. The discharge point was
located within the stream feature. 15 A NCAC 2B .0233 (6) states the following:

"Temporary Sedimentation and Erosion control devices: In Zone 2 only provided that the
vegetation in Zone I is not compromised and that discharge is released as diffuse flow in
accordance with Item 5 of this rule".

This Office requires that violations, as detailed above, be abated immediately. Also please
note, these violations and any future violations are subject to civil penalty assessment of up to
$10,000.00 per day and is some cases $25,000.00 per day for each violation. This Office
requests that you respond to this letter, in writing, within 15 days of receipt of this Notice. Your
response should address the following items:

. Please clearly discuss your efforts and provide an accurate time schedule with dates which
detail how impacts to the stream and the riparian zone (streamside area) will be restored.
. You should provide an estimate ofthe total acreage of impact of zone I and zone II,
respectively.
. From visual inspection of your site plan the respective road crossing ofthe stream and buffer
zone appears to represent impacts that could be minimized from the onset. Please, clearly
explain why the two road crossing were installed beyond the footprint approved and whether
fill materials can be removed and the stream restored such that compliance with the 401
Water Quality Certification and Neuse Buffer Authorization can be achieved.
. You should detail your plans to replant and restore all impacts to riparian zone (a restoration
plan).
. If complete riparian zone and stream restoration is not possible you should clearly explain
why. You should then apply for an after-the-fact 401 Water Quality Certification and
Authorization to impact the riparian zone.
. In addition, the restoration plans must account for and clearly detail all impacts. Those
impacts not satisfactorily restored on-site are required to be mitigated at a 3: 1 ratio for zone I
impacts and a 1.5 ratio for zone II impacts.
. It should be noted that satisfactory riparian zone restoration requires replanting of at least 2
hardwood species and maintaining a stem density/survivorship of at least 320 trees per acre at
the end 5 years.
. Also, please provide this office with copies of any harvesting or timber sales receipts and any
copies of a forest management plan.

1628 Mail Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/10% post-consumer paper

J

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. Your
response to this correspondence will be considered in this process. Should you have any
questions regarding this matter, please contact Charles Brown at [phone] or Danny Smith
at [phone].

au

Kenneth Schuster
WQ Regional Supervisor

cc: RRO - Water Quality
Corp of Engineer
Non-Point Source Compliance/Enforcement Unit
Danny Smith, Central 40 1 fWetlands Unit
Central Files
Attorney Generals Office- Jill Hicky

1628 Mail Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/10% post-consumer paper

(

State of North Carolina
Degartment of Environment
ana Natural Resources

Raleigh Regional Office

AVA
NCDENR

Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

CERTIFIED MAIL
RETURN RECEIPT REOUESTED

DIVISION OF WATER QUALITY
September 7, 2001 J

/'
.~~

Mr. Tim Hoffer
C/O Corban Homes, LLC
4504 Laurel Hills Road
Raleigh, N.C. 27612

Miller & Shedor, PLLC (Corban Homes, LLC)
315 N. Academy Street
Suite 100
Cary, N.C. 27519

Subject:

Notice Of Violation
NBRRO 01-179
Highway 54 and Nowell Road
Wake County

Dear Mr, Hoffer:

You are receiving this letter as the main contact for the subject property referenced by the Raleigh Regional
Office as NBRRO 01-179. This site is in violation of The Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code
T15A:02B.0233 (NCAC 0233){Neuse Buffer Rules}. On June 11, and July 5, 2001, Division of Water
Quality (DWQ) staff from the Raleigh Regional Office conducted site visits of the subject property. It was
determined that the buffer along an unnamed tributary to Richlands Creek, a tributary to the Neuse River,
had been disturbed and three sediment basins had been placed in the protected buffer.

The Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the State shall be
protected. Therefore, the impacts to the riparian area referenced above is a violation of those Rules which
states that existing riparian areas shall be protected and maintained on all sides of surface waters in the Neuse
River Basin (intermittent streams, perennial streams, lakes, and estuaries) as indicated on the most recent
vcrsions of United Statcs Geological Survey (USGS) 1 :24000 scale (7.5 minute quadrangle topographic
maps or other site specific evidence). Maintenance of the riparian areas should be such that, to the maximum
extent possible, sheet flow of surface watcr is achieved. Any activity that would result in wateGuality
standard violations or that disrupt the structural or functional integrity of the riparian area are prohibited.

The riparian buffer along the unnamed tributary is protected under this Rule promulgated under .0233(4)

1628 Mall Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/100/. post-consumer paper

)

Page Two
Corban Homes NOV
September 7, 2001

which states the riparian buffer must be protected in two zones.

"Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)
of this Rule. Zone 1 shaH begin at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extend landward a distance of 30 feet.

Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is aHowed provided that the
health of the vegetation in Zone 1 is not compromised. Zone 2 shaH begin at the outer edge of Zone
1 and extend landward 20 feet."

The Neuse Buffer Rules state that the 50 foot wide riparian buffer adjacent to waters of the State shaH be
protected. The maintenance of these areas should be such that, to the maximum extent possible, sheet flow
of surface water is achieved. Any activity that would result in water quality standard violations or that
disrupt the structural or functional integrity of the riparian area are prohibited. Section .0233(5) states:

"Diffuse flow of runoff shaH be maintained in the riparian buffer by dispersing concentrated flow
and reestablishing vegetation.

(a) concentrated runoff from new ditches or manmade conveyances shaH be converted to diffuse
flow before the runoff enters the Zone 2 of the riparian buffer.

(b) Periodic corrective action to restore diffuse flow shaH be taken if necessary to impede the
formation of erosion guHies."

The June 11 visit determined that a sediment basin at the end of Cedar Downs within Nowell Point, had been
placed just outside of the protected 50 foot buffer but that the discharge was not "diffuse sheet flow" through
the riparian buffer. The July 5 visit determined that the "non-diffuse" discharge from the basin had
developed an erosion guHy that was down cutting from the riprap at the end of the basin into the woods prior
to entering the unnamed tributary. In addition, the site visit that day determined the two additional basins
located within the protected buffer in the new phase of the development closer to NC Highway 54.
Neither of these sediment basins provide diffuse flow through the buffer. The western most is located within
Zone 1 (approximately 22 feet from the braided channel).

Section (6) Table of Uses states that grading and revegetating is aHowed in Zone 2 only provided that
diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are
stabilized is an allowable activity if permitted by the Division of Water Quality. No unpermitted land
disturbing activities are allowed in Zone I and no approval has been located for these activities.

You are required to respond to this Notice Of Violation within 10 days of its receipt. Your response should
be directed to me at 1628 Mail Service Center, Raleigh, North Carolina, 27699-1628. Please provide any
and all information relevant to the activities that have occurred, an alternative analysis that details the
necessity of the removal of the buffer and the placement of sediment basins within it, and the dates of
operation on this site. If these activities are not considered necessary and subject to permitting, they will
have to be removed and the riparian buffer reestablished.

]

Page Three
Corban Homes NOY
September 7, 2001

Thank you for your attention to this matter. Please thoroughly address the above mentioned issues in your
response and provide any additional information that you wish to provide. If you have any questions, please
contact Mr. Steve Mitchell or myself at the Raleigh Regional Office, telephone number [phone].

Sincerely,

tJro

Kenneth Schuster, P.E.
Water Quality Regional Supervisor

cc: RRO/CO Enforcement
John Dorney
nbrlet.for/nbrbuf.O 1/corban.179