I'm running into a very similar problem...except in my case I have assigned the qtree security type to NTFS. When I richcopy the files over (with appropriate options to copy security info) the permissions are not copied. Just for kicks, I ran the same copy tool against a qtree with mixed security and it copied the NTFS permissions just fine...
I really want to use NTFS only.
Re: Unable to maintain NTFS permissions when copy from Windows server to NetApp