20071486 Ver 1_Notice of Violation_20071017

�0F W ATF,q p Michael F.Easley,Governor
G William G.Ross Jr.,Secretary
co f North Carolina Department of Environment and Natural Resources
> � u
-� Coleen H.Sullins,Director
Division of Water Quality
October 17, 2007
CERTIFIED MAIL
Return Receipt Requested
7006 2760 0001 8494 6363
Mr. James R Bolch
Ms. Bernice Dixon
800 D. Beatty St.
Davidson, NC 28036
Subject: Notice of Violation
NCGS 143-214.1
Incident #200703057
NOV-2007-WQ-0109
Catawba Riparian Buffer Rule
109 Waitsfield Ct., Lot 1340
Lake Norman
Iredell County, NC
Dear Mr. Bolch & Ms. Dixon:
On October 10, 2007, Mr. Alan Johnson of this Office conducted a site visit investigation
on August 7, 2007 at the subject property in response to an application for a shoreline
stabilization project. Based on his observations, this letter is being issued as a Notice of
Violation of the Rules (15A NCAC 2B. 0243) pursuant to North Carolina General Statute 143-
214.1.
During the site visit Mr. Johnson observed that approximately 100 ft. (of the 150 ft.
property line) along the shoreline had been cleared of trees (except for a few canopy trees) in
Zone 1 of the buffer. Zone 1 consists of the first 30 feet from the project elevation (in this case
the 760 foot elevation) extending landward. The rules limit any impacts to Zone 1 without prior
approval.
Be advised that the Division of Water Quality (DWQ) requires that approval be obtained
prior to conducting land disturbing activities in Zone 1. The trees removed from Zone 1 at the
site are not allowed under the current regulation. The buffer must be restored to its original
state. Fifteen (15) native specie trees, 3-inch in diameter, 8 ft. in height, shall be planted
randomly in the cleared area. Should the trees fail to thrive they shall be replaced. Failure to
restore the area by December 1, 2007 shall result in additional enforcement action.
Be advised that North Carolina General Statutes provide for civil penalties of up to
$25,000 per day, per violation, as well as criminal penalties for violation of state environmental
laws and regulations. Northcarolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone[phone] Customer Service
Intemet: h2o.enr.state.nc.us FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

If you have an explanation for the noted violation that you wish to present, please respond
in writing within fifteen (15) days following the receipt of this notice. Your explanation will be
reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration. Please address
your response to the attention of Mr. Johnson.
Be advised that the application for shoreline stabilization is on hold until this matter is
resolved. If you have any questions concerning this matter, please do not hesitate to contact Mr.
Johnson or me at [phone].
Sincerely,
>t
Robert Krebs
Surface Water Protection
Regional Supervisor
cc: Amy Chapman, DWQ, Wetlands Unit
Shelton Sullivan, Compliance/Enforcement
Central File

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