19980736 Ver 1_COMPLETE FILE_19980609

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 12, 1998
NCDWQ# 980736
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Scott Bortz
Tribek Properties
200 Providence Road, Suite 106
Charlotte, N.C. 28207
SUBJECT: NOTICE OF VIOLATION
RECCOMENDATION FOR ENFORCEMENT
Neuse River Riparian Buffer Rules
CVS Pharmacy
U.S. 301, Smithfied
Dear Mr. Bortz:
On March 5, 1998 the Land Management Company submitted a Neuse River
Riparian Buffer Rules (NBR) variance request to this office. This variance request was
submitted on your behalf and detailed why the NBR regulations would preclude useful
development of this site. Specifically, the variance request detailed the need of this
pharmacy to have a "dual lane drive-through to produce sufficient volume to generate
sufficient profit margin" and how "parking and traffic flow" would require an impact to
the riparian buffer.
On June 6, 1998 Greg Thorpe from NCDWQ's Planning Branch received a phone
call requesting that the variance request be withdrawn. After the withdraw of this project,
it was determined by a September 30 site inspection by NCDWQ staff that the work had
been completed as originally submitted. Specifically, the toe of the fill slope was
withinl8' from the top of the bank and the edge of the curbing adjacent to the dual lane
drive through was 40'from the top of the bank of the creek.
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Mr. Scott Bortz
Tribek Properties
CVS Pharmacy
NOTICE OF VIOLATION
Page 2
This work was completed without the required variance decision from the
Environmental Management Commission (EMC), and was conducted within the 50'
riparian buffer. Therefore, this project is in violation of the Neuse River Basin: Nutrient
Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian
Areas, Administrative Code T1 5A: 02B.0233 (NCAC .0233) and is subject to a fine not
to exceed $10,000 per day per violation. In addition this Office will recommend to the
Director that an enforcement action be initiated for this project.
Please respond to this Notice of Violation within 14 days upon your receipt. Any
information provided will be forwarded to the Director for his consideration. If you
should have any questions regarding this matter please feel free to call Mr. Eric Fleek or
myself at [phone].
Sincerely,
+Jon . Dor ney
Quality Certificati Program

Cc: Coleen Sullins, NCDWQ Section Chief
Ken Schuster, Water Quality Supervisor, Raleigh Regional Office
Greg Thorpe, NCDWQ Planning Branch
Craig Turner, Land Management Group
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June 9, 1998
Mr. Kenneth Schuster
Raleigh Regional Office
Department of Environment and Natural Resources
3804 Barrett Drive
Raleigh, NO 27609
RE: Proposed CVS Pharmacy Site and Riparian Zone Setbacks.
Dear Mr. Schuster,
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My client wishes to withdraw their request for a variance to the Neuse River Initiative
(NRI) for the next scheduled meeting of the EMC. They have achieved a site plan
which allows the facility to be in compliance with the NRI as administered by DWQ.
Thank you for your previous assistance.
Respectfully,
G. Craig Turner
Vice President
Land Management Group, Inc_
N.C. Licensed
Soil Scientist, #1091
cc: S. Bortz
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March 5, 1998_.___-___-_
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REGIOPAL GFFICE
RE: Proposed CVS Pharmacy Site and Riparian Zone Setbacks.
Dear Mr. Schuster,
Attached are,,the plans for the proposed CVS Pharmacy to be built on US 301 at
Booker Dairy Road in Smithfield, NC. This site is located in the Neuse River Basin.
The extreme southwest corner of the development area protrudes into the area of
riparian buffer described as Zone 2 according to 15A NCAC 2B .0233.
The plans have been modified to place the structure as far away from the riparian
buffer but parking and traffic flow dictates the outside edge of the drive-around lane
will ingress approximately thirteen feet into the outer portion of Zone 2. The store
requires a dual land drive-through to produce sufficient volume to generate sufficient
profit margin.
Additionally, all stormwater from this parcel will be handled by the approved
stormwater facility on the Lowe's site which immediately adjacent to this property.
This will ensure the functions of the remaining riparian buffer will be enhanced due to
reduced sheet flow from upslope areas. Please note the date on the Lowes plat is
October, 1997.
Accordingly, I am requesting your forward my request for a variance, per item Rule
.0233 (6), to the Environmental Management Commission. Specific reasons for the
request are as follows. Failure to obtain the variance will eliminate this purchaser
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from building the facility, item (6) a. The site requires substantial fill to be above the
100 Year flood elevation and planning constraints for parking require the number of
spaces shown and dictate the building placement. These conditions create unique
circumstances for this property, item (6) b. Lastly, provisions for stormwater into an
approved structure and enhancement of sheet flow will serve to preserve the general
purpose and intent of the Rule and water quality would be maintained. Also, justice
would be served because the owners are complying with rules that were adopted well
after project initiation.
Please contact my office if additional information or data is needed.
Respectfully,
G. Craig Turner
Vice President
Land Management Group, Inc.
N.C. Licensed
Soil Scientist, #1091
cc: S. Bortz
T. Ingold
M. McCulley
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