20190716 Ver 1_DWR Onsite Determination Request_20190522

Water Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Date Received DWR Use Only: Project #
Buffer Determination Request Form
Property Owner Information
1. Owner Information
Ia. Name(s) on Recorded Deed
Edwin L. Eubanks, Sr.
lb. Responsible Party (for LLC)
Guy Eubanks (Son)
lc. Mailing Address
8711 Wake Forest Highway, Raleigh, NC 27613
ld. Telephone Number
[phone]
le. Email Address
LakeLover999@,,gmail.com
Address of Property: 8711 Wake Forest Highway, Durham, NC
Project Description (attach plan if available): Farm1558 / Tract 1863 & NOV-2019-PCO208
Consultant/Agent Information
4. Agent/Consultant Information
4a. Name, Company
Bob Zarzecki, Soil & Environmental Consultants, PA (S&EC)
4b. Mailing address
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27587
4c. Telephone no.
919-846-5900
4d. Email address
bzarzecki(a-,sandec.com
5. Project and Site Information
5a. Name of project
8711 Wake Forest Highway
5b. County
Durham
5c. Nearest Named Stream
Laurel Creek 27.11.5(0.7) &
Neuse River / Falls Lake 27-(5.5)
WS-IV;NSW;CA
5d. River Basin
Neuse / Falls Lake
03020201-0502
6. Has anyone from DWR visited the site? I Yes I I Staff Name I S. Goss & R. Tone Date of Visit? 3.12.19
Attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey.
Please return form Rick Trone
to: 1628 Mail Service Center
Raleigh, NC 27699-1628
Email: [e-mail]
Please contact the Raleigh Regional Office at [phone] if you have any questions.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
March 22, 2019
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL # 7017 2680 0000 2235 9943
RETURN RECEIPT REQUESTED
Edwin L. Eubanks Sr.
8711 Wake Forest Highway
Raleigh, NC 27613
Subject: Ncticr of Violation -Notice ui

• The stream labeled as "Stream B" and "Pond 1" on the attached map is an unnamed
tributary to the Neuse River (Falls Lake). This stream feature is depicted on the Durham
County Soil Survey and USGS Topographic map and is located in the Neuse River Basin.
• Stream A, B and Pond 1 are subject to the Neuse Riparian Buffer Rules (15A NCAC
02B .0233 (3)).
• The streams onsite are tributaries to the Neuse River (Falls Lake) which is classified as
Class WS -IV, B, Critical Area (CA) Nutrient Sensitive Waters (NSW) in the Neuse River
Basin.
• DWR staff observed the removal of trees, placement of earthen fill and grading for
approximately 200 linear feet in Zone 1 of riparian buffered Pond A (Photographs 1 & 2).
• DWR staff observed the placement of earthen fill and grading for approximately 90 linear
feet in Zone 1 of riparian buffered Stream A (Photographs 3 & 4).
Item II. Stream Standards -Other Waste (In -Stream Sediment)
Title 15A North Carolina Administrative Code 02B .0211 (12) requires that "Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation or to aquatic life and wildlife or adversely affect the
palatability of fish, aesthetic quality or impair the waters for any designated uses;"
• Due to the land disturbing activities on the parcel, sediment has been deposited and
continues to flow into Stream A (Photographs 5 & 6).
• DWR staff observed approximately 100 linear feet of Stream A has been impacted by
sediment deposition. Sediment deposition ranged in depth from 4-6 inches to as much as
9 inches in places (Photographs 5 & 6).
• Due to the land disturbing activities on the parcel, sediment has been deposited and
continues to flow into Stream B (Photograph 7).
• DWR staff observed approximately 30 linear feet of Stream B has been impacted by
sediment deposition. Sediment deposition ranged in depth from 2-4 inches to as much as
15 inches in places (Photograph 7).
Requested Response:
You are requested to address the below items in writing within 30 days of receipt of this letter.
Please submit a Restoration Plan to this office for review and approval. You are encouraged to
secure a consultant t6-assist—you with your plan deveropmerit necessary to achieve compliance.
This plan must address the following locations/areas:
1. Sediment deposition in Stream A and B.
2. Earthen fill in Zone 1 of the riparian buffer of Stream A (as approximately located in green on
Attachment 1).
3. Earthen fill in Zone 1 of the riparian buffered Pond 1 (as approximately located in yellow on
Attachment 1).
4. The riparian buffer removal from Pond 1 (as approximately outlined in yellow on
Attachment 1).
?IPaaP

The Remediation plan should address the following:
Riparian Buffer Violations Please submit a Riparian Buffer Restoration Plan to this office
for review and approval. This plan must be developed to ensure that at least two native tree
species are planted at a density sufficient to provide 320 trees per acre at maturity. This
density is usually achieved by planting approximately 436 trees per acre on a 10 ft. x 10 ft.
grid or 681 trees/acre on an 8 ft. x 8 ft. grid. This plan must include the types of native
woody vegetation selected, methodology of planting, and a site map indicating the location
of the replanting efforts.
2. Removal of Fill in Riparian Buffer The earthen fill in Zone 1 of the riparian buffer, as
detailed above, must be removed in order to ensure compliance with the riparian buffer rule
Title 15A North Carolina Administrative Code 02B .0233 (4).
3. Stream Restoration Plans (Sediment Impacts) Sediment needs to be removed from the
stream and riparian buffer area utilizing shovels and buckets. Sediment should be removed
down to the native soil. No heavy equipment can be utilized in the stream/streamside area.
Sediment that has been removed from stream/riparian buffer needs to be secured upslope,
landward of the 50 -foot buffer and stabilized with thick vegetative cover.
4. Erosion control Please address the control measures that will be used for temporary
stabilization/sediment control while this work is under way. Please provide a schedule with
dates by which this work will be completed. As a part of your restoration plan, it is required
that you include a permanent stabilization plan for the disturbed areas.
5. Plan and Schedule. Please provide a detailed schedule with dates explaining when the
restoration will be accomplished. This schedule should include a one-year monitoring plan to
ensure that the riparian buffers are restored.
Please submit required materials to:
Stephanie Goss
Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699
This office requires that the violations, as detailed above, be abated immediately and properly
resolved. Environmental damage and violations of North Carolina Administrative Codes have
been documented for the subject site as stated above. Your efforts to undertake activities to
bring the subject site back into compliance is not an admission, rather it is an action that must be
taken in order to begin to resolve ongoing environmental issues.
RI Pa as

These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. This office will review your response to this letter as
a part of any enforcement recommendation. Should you have any questions regarding
these matters, please contact Stephanie Goss at Ste hanie. oss ncdenr.E�ov or (919) 791-
4256.
cc: DWQ RRO file copy
Sincerely,
Rick Bolich, LG
Assistant Supervisor, Water Quality Regional Operations
41 PaaP

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Attachment 1: 8711 Wake Forest Highway, Durham County
Stream B
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-Approximate Site boundary: l__ 1
-Approximate stream location
5I'A7E
Pond
Removal of
Riparian Buffer
and earthen fill
in Zone 1
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Earthen fill
in Zone 1
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Stream A Start location
Map provided by NCDEQ Division of
Water Resources
Locations are approximate and are
provided for reference only ::
Pond
Removal of
Riparian Buffer
and earthen fill
in Zone 1
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in Zone 1
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Stream A Start location
Map provided by NCDEQ Division of
Water Resources
Locations are approximate and are
provided for reference only ::

NORTH CAROLINA FARM: 1558
DURHAM _USDA United States Department of Agriculture
�.- Farm Service Agency Prepared : Apr 23, 2019
Form: FSA-156EZ Crop Year : 2019
See Page 2 /or non-discriminatory Statements. Abbreviated 156 Farm Record
Farmland
Crop Name Base Acres
Cropland
DCP Cropland
WBP
WRP
CRP
GRP
Sugarcane
Farm Status
Number Of
2.50
0.00
FSA Physical Location .
NORTH CAROLINA/DURHAM
0.00
0.00
State Conservation
ANSI Physical Location :
NORTH CAROLINA/DURHAM
Tracts
18.67
2.50
2.50
0.00
0.00
0.00
0.00
0.00
Active
1
State
Other
Effective DCP
Double Cropped
MPL
Acre
EWP
DCPA Rel.
Broken
From Native
Conservation
Conservation
Cropland
Owners
EDWIN L EUBANKS
Election
Activity
Other Producers
None
Recon ID
None
Sod
0.00
0.00
2.50
0.00
0.00
0.00
0.00
0.00
NOTES
X'
-Tract Number . �� 1883
CCC-505tion CRP
Reduction Acres
CTAP Yield
PLC Yield
HIP.
NOTES
X'
-Tract Number . �� 1883
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...«w� u.. ��.
Description -
J -2/2A
2.50
2.50
0.00
FSA Physical Location .
NORTH CAROLINA/DURHAM
0.00
0.00
State Conservation
ANSI Physical Location :
NORTH CAROLINA/DURHAM
Double Cropped
MPL
EWP
BIA Unit Range Number :
Broken From
Native Sod
0.00
0.00
2.50
HEL Status
HEL determinations not completed for all fields on the tract
0.00
0.00
0.00
Wetland Status
Wetland determinations not complete
WL Violations
None
Owners
EDWIN L EUBANKS
Other Producers
None
Recon ID
None
:Tract Land
Farm Land
Cropland
DCP Cropland
WBP
WRP
CRP
GRP
Sugarcane
18.67
2.50
2.50
0.00
0.00
0.00
0.00
0.00
State Conservation
Other
Conservation
Effective DCP Cropland
Double Cropped
MPL
EWP
DCP Ag. Rel
Activity
Broken From
Native Sod
0.00
0.00
2.50
0.00
0.00
0.00
0.00
0.00
DCP Crop Data
Crop Name Base Acres CCC -505 CRP CTAP Yield PLC Yield
Reduction Acres
NOTESa -
Page: 1 of 2

NORTH CAROLINA USDA United States Department of Agricuiture FARM: 1558
DURHAM Farm Service Agency Prepared : Apr 23, 2019
Form: FSA-156EZ Crop Year: 2019
Abbreviated 156 Farm Record
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases
apply to a0 programs). Remedies and complaint filing deadlines vary by program or Incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audlotape, American Sign Language, etc.) should contact the responsible Agency or USDA's
TARGET Center at [phone] (voice and TTY) or contact USDA through the Federal Relay Service at [phone]. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD -3027, found online at hltpYAMW.asfr usda goy/conwiaioLrihag_cust.html and at any USDA office or write
a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call [phone]. Submit your completed farm or letter to USDA by., (1)
mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: [phone]. or (3) a -mad:
p[egrapl.ltlta$e((${1sda.gUY USDA is an equal opportunity provider, employer, and lender.
Page: 2 of 2

USDA United states
Y Department of
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Farm 1558
Tract 1863
2019 Program Year
CLU Acres
HEL Crop
1 1.46
UHEL
2 1.04
UHEL
5 16.17
UHEL Noncro land
Page Cropland Total: 2.5 acres
Map Created March 27. 2019
Base Image Layer flown in 2018
Common Land Unit
Wake Cropland
Non-Cropland
Tract Boundary
Wetland Determination
0 Restricted Use
0 Limited Restrictions
0 Exempt from Conservation
ar n
Compliance Provisions
USDA FSA maps are for FSA Program administration only. This map does nat represent a legal survey or reflect actual ownership; rather it depicts the information provided directly from the producer and/or the NAIP imagery. The producer
accepts the data 'as is' and assumes all risks associated with ds use. The USDA Farm Service Agency assumes no responsibility for actual or consequential damage incurred as a result of any users reliance on this data outside FSA Programs.
Welland identifiers do not represent the size, shape, or specific determination of the area. Refer to your original determination (CPA -026 and attached maps) for exact boundaries and determinations or contact NRCS_