20140917 Ver 1_Notice of Violation_20140408

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 8, 2014,
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 0290 0000 4565 2391
Mr. Jamie Rolewicz
P.O. Box 1677
Cornelius, NC 28031
Subject: Notice of Violation
With Recommendation of Enforcement
Incident #200801401
NOV # 2008 -WQ -0048
16709 Tinker Place
Cornelius, NC 28012
Dear Mr. Rolewicz
On May 14, 2008, a Notice of Violation was issued for violations of the Catawba Riparian
Buffer Rules (15A NCAC 02B .0243) at the subject site. The buffer had been prepared and sodded,
soils had been disturbed, and trees had been removed and trimmed beyond their allowable limit. In
July 2008, a follow -up site visit by staff with this Office was conducted and it was determined that
measures detailed in your restoration plan had been implemented and subsequently the site was
found to be in compliance.
On April 4, 2014, information was received from Mecklenburg County staff that the site
may again be in violation of the Catawba buffer rules. On April 4, 2014, Mr. Kent Smith with this
Office conducted an inspection at the subject site and noted that any restoration measures installed
which brought the site into compliance in July 2008 had been removed. Based on observations
made by Mr. Smith during his visit and a review of aerial photos of this property, it has been
determined that the site is again considered to be in violation of the Catawba Riparian Buffer Rules.
This Office also understands that you are the point of contact for the lot located at 16700
Tinker Place (see attached aerial photos). It was noted that the trees on this lot had been "topped"
and excessively trimmed with major limbs (> 5 inches) being removed. This is also a prohibited
activity under the Catawba buffer rules.
D
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone. [phone] Internet: www.ncdenr.gov
An Equal Opportunity , Affirmative Action Employer— Made in part by recycled paper

Mr. Jamie - Rolewicz -
April 8, 2014
Page Two
Be advised that this Office is preparing a Recommendation for Enforcement to the Director
of the Division of Water Resources regarding these issues and any future /continued violations that
may be encountered. Within fifteen days of receipt of this Notice please provide a written
explanation as to why the restoration measures installed in 2008 were removed which prompted a
re- occurrence of this buffer violation. This information will be included with the enforcement
package for the Director's review. This Office requires that the violations, as detailed above, be
abated immediately. These violations and any future violations are subject to a civil penalty
assessment of up to $25,000.00 per day for each violation.
Thank you for your prompt attention to this matter. If you have any questions feel free to
contact Mr. Kent Smith at 704, 663 -1699.
Sincerely,
G
Michael Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, DENR
Attachments
cc: Shelton Sullivan- Compliance Oversight Unit
Jennifer Burdette
DWR Central Files

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' "4yh "_`]STOfti4I Authorization Certificate Application for a Water Quality Buffer Disturbance
WATER PP Q t3'
S-1—�
FOR OFFICE USE ONLY: Application Received FOR OFFICE USE ONLY: Authorization
Date: it Tune: fZf/ Complete Submittal es ❑No FCertificate Number:
Instructions for the proper completion of this form are available on the following website: http : / /storniwater.charineek.org
(Select "Regulations ", select "Buffers & BMPs ", select "Water Quality Buffer Implementation Guidelines" see Section 5).
SECTION 1: GENERAL INFORMATION
A° 1icantN—M 'HydeVPark3Stora "`e S'u' s Inc.
A' licantis;M_ ailing %Addre''ss�1�f1�'42`Treynorth Drive Cornelius, NC 28031
A licant's Phone Numbers: Office 704- 892 -2500 Cell 704 -905 -0335
A licant's- Email:< atT clfs'm tfi com
Owner's Name (if different from above applicant): Tracie Johnson
Owner's Address: 16700 Tinker Place Cornelius, NC 28031
Owner's Phone: Office na Cell na
Owner's Email: na
If applicant is different from owner, describe affiliation and attach to this application written authorization for the buffer
disturbance signed by the property owner: Applicant is the general contractor
Contractor's Name or name of other parties involved in buffer disturbance and/or mitigation if applic able): applicant
Contractor's Mailing Address:
Contractor's Phone Numbers: Office Cell
Contractor's Email:
Jurisdiction/Town where Proposed Buffer Disturbance is Located: Cornelius
Address and/or Parcel # of Proposed Buffer Disturbance: 16700 Tinker Place
Name of Development where Proposed Buffer Disturbance is Located (if applicable): na
Type of Buffer (select only one): Water Supply M; S.W.M. ❑; Post - Construction ❑; Goose Creek ❑; or Six Mile Creek ❑
Type of Buffer Disturbance (select all that apply): Removal of Vegetation ❑; Installation of Structure []; Addition of Fill ❑;
Grading/Land Disturbance ®; and/or Other Specify: Minor clearing and access to rear of home
Specify the Nature of the Activity that will Disturb the Buffer: Access to rear of home, minor clearing, disturbance then repair
Specify the Reason for the Buffer Disturbance: To gain access to rear of home during construction only
Square Footage of Parcel: 33,541 + /- Square Footage of Disturbed Area: 24,000
Square Footage of Buffer on the Parcel: Stream Side Zone ; Managed Use Zone ; Upland Zone ; Total 15,591
Square Footage of Buffer to be Disturbed: Stream Side Zone ; Managed Use Zone ; Upland Zone ; Total 5500
Date When Buffer Impact will Occur: Nov 15, 2013 approx.
Date When Mitigation will be Completed: Nov. 15, 2014 a prox
Man; Attach to this application a scaled map (copy of survey Is acceptable) coltabninng the follovbng Information:
1. Lengths of all boundary/property lines for the parcel and parcel address where the buffer disturbance is to occur.
2. Location(s) of all water course(s) on the property, including all perennial and intermittent streams, lakes, ponds and wetlands.
3. Location(s) of buildings, parking areas, and other impervious surfaces.
4. Location(s) of the buffer area on the parcel, including lengths of all boundary lines and total square footage of the entire buffer
(including all buffer zones if applicable).
5. The scale of the map, which must not be smaller than 100 feet to the inch.
6. Date of map.
7. A small scale vicinity map and north arrow.
8. Location of the proposed buffer disturbance (boundary lines and total square footage for each zone), including the area of the
footprint of the use, the area of the boundary of any clearing and grading activities, and the area of any ongoing maintenance
corridors. The boundaries of temporary equipment access areas must be shown on the map but are not included in the total
disturbed area calculation provided tree removal and grading do not occur in the area and it is properly stabilized.
9. Location, number, size andspecies of trees greater than two 2 inches in diameter that will be removed from the buffer.
SECTION 2: REQUEST FOR A NO PRACTICAL ALTERNATIVES DETERMINATiON
Explain why the basic project purpose cannot be practically accomplished in a manner that would better minimize the
disturbance, preserve aquatic life and habitat, and protect water quality. House has buffer on'2 sides making construction
access difficult
Explain why the use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize the
disturbance, preserve aquatic life and habitat, and protect water quality. Temporary access is the issue. This is temporary only.
Existing conditions=-grass. Proposed conditions after temporary disturbance =sod. No change.
Describe the plans for practices that have been incorporated into the project to minimize the buffer disturbance. Silt fence
FOR OFFICE USE ONLY: Specify the anticipated impacts of the buffer disturbance on the overall quality and usability of the
surface water resource, including its ability to support varied species of aquatic life and meet applicable water quality standards.
FOR OFFICE USE ONLY: Specify any additional conditions that must be met by the applicant to better protect water quality

SECTION 3: MITIGATION PLAN
Instructions: Select the type of bufferproposed for disturbance, identify the mitigation option behtgproposed andprovide the
information requested below that option (only one buffer type can be selected). Also, submit ivit /i flits application the
additional information specified in Section 5.4 of the "Water Quality Buffer Implementation Guidelines" available at the
nvebsite describer/ at the top ofpage I of this application. Important Note: If the mitigation techniques described belo►v are
requiredfor compliance with another ordinance, the technique cannot be used as ntitdgation for ivater quality buffer impacts.
® Water Supply Watershed Buffer Disturbance:
❑ Buffer Restoration on Same Parcel (this is the only mitigation option available for this type of buffer disturbance)
• Is a Level 2 revegetation plan being proposed? Yes ❑ No ® If "No ", explain why: Existing -Grass Proposed -Sod
• Square Footage of Buffer to be Revegetated: 5500
❑ S.W.I.M., Post - Construction or Lower Lake Wylie Buffer Disturbance:
❑ Installation of Structural BMP
• Type of BMP or Infiltration Method:
• Size of Drainage Area to be Treated (acres):
• Percentage of Impervious Cover in this Drainage Area:
❑ Buffer Restoration
• Revegetation Type: Level 1 ❑ Level 2 ❑
• Square Footage of Buffer to be Revegetated (if buffer does not have zones, indicate under "Total "): Stream Side Zone
; Managed Use Zone ; and/or Upland Zone Total
❑ Buffer Preservation
• Square Footage of Buffer to be Preserved (if buffer does not have zones, indicate under "Total "): Stream Side Zone ;
Managed Use Zone ; and/or Upland Zone Total
❑ Wetland Preservation
• Square Footage of Wetland to be Preserved:
❑ Bottom Land Hardwood Preservation
• Square Footage of Bottom Land Hardwood Area to be Preserved:
❑ Controlled Impervious Cover
• Amount of impervious Cover on Parcel square feet = Size of Parcel square feet = x 100= %
❑ Open Space Development
• Amount of Preserved Open Space on Parcel square feet _ Size of Parcel square feet = x 100= %
❑ Mitigation Paytnent/Credit
• Area of Buffer Disturbance square feet x $10 = $
❑Alternative Mitigation Techniques (not pre- approved) Specify:
❑ Goose Creek or Six Mile Creek Buffer Disturbance:
• Buffer Disturbance Area: Footprint of Use in Buffer square feet + Clearing Limits Outside the Footprint
square feet + Mairitenance Corridor Outside the Footprint and Clearing Limits square feet = square feet
• Mitigation Area: Buffer Disturbance Area square feet x 3 = square feet
❑ Mitigation Payment
• Mitigation Area square feet x $.96 = $
❑ Donation of Property
• Appraised Value of Donated Property Interest $ _ Calculated Mitigation Payment $ = x 100= %
❑ Stream Buffer Restoration or Enhancement
• Buffer Restoration Area square feet =- Calculated Mitigation Area square feet = x 100= %
• Buffer Enhancement Area square feet _ Calculated Mitigation Area square feet = x 100= %
Unauthorized (Illegal) Buffer Disturbance:
❑ Buffer Restoration (this is the only mitigation option available for this type of buffer disturbance)
• Is a Level 2 revegetation plan being proposed? Yes ❑ No ❑ If "No ", explain why:
• Square Feet of Buffer to be Revegetated (if buffer does not have zones, indicate under "Total "): Stream Side Zone ;
Managed Use Zone ; and/or Upland Zone Total
Issitanee ofilte Aatliorizatiot Certificate: Upon tine approval and stibsequetif signing of this Application, the Authorization
Certificate for approval of the buffer disturbance is granted and remahis valid for a period of 12 montlis following the
approval date hidicated below. All buffer disturbances and mitigallo must ust be performed in strict accordance with file
information conlahied herein and attached to flits Application. Failure to tlo so will hmnedtately render flits Authorization
Certificate null and void and all buffer disturbances will be subject to penalties. Ensure that proper erosion control is
practicer) daring all land disturbing activities and that once the buffer disturbance is completed that all disturbed areas are
oroverly stabilized In addition, diffuse floe Utrot2/t the buffer must be nnaintabted in perpetulty.
FOR OFFICE USE ON��Approv5ed I t p,nll OJ� 1..��
�4i7�� ❑ Disapproved ❑ Approved With Modifications ❑ Approved With Performance Reservation
Issued By: r— " ` Date: / 4 Z _

Maher, Niki
From: Burdette, Jennifer a
Sent: Tuesday, April 01, 2014 9:34 AM
To: Maher, Niki
Subject: FW: 16709 Tinker Place Cornelius
Attachments: NOV Rolewicz _Tinker_Restoration.doc; State NOV— Rolewicz_Tinker.doc; 009.JPG
As we discussed, please send Alan some guidance on preparing a case for this violation.
Thanks,
Jennifer
Jennifer A. Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*
From: Parker, Michael
Sent: Wednesday, March 26, 2014 11:16 AM
To: Burdette, Jennifer a
Subject: FW: 16709 Tinker Place Cornelius
Jennifer,
When you've had a chance to look over the attachments in this email would you give me a call. Thanks.
Mike
F
Michael Parker— Regional Supervisor
Michael.Parker @ncdenr.gov
North Carolina Dept. of Environment & Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115 ,
Direct Line: (704) 235 -2194 Fax: [phone]
1

E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Davis, Heather [ma ilto: Heather. DavisOmecklenburgcountync.gov]
Sent: Thursday, March 20, 2014 1:38 PM
To: Parker, Michael
Cc: Caldwell, David
Subject: 16709 Tinker Place Cornelius
Michael,
I have received an inquiry from Jennifer Wyatt (704- 892 -4913) about a buffer violation that Rob Krebs had issued NOVs
(see attached). I also took a photograph of the current buffer. Could you or your staff follow up with Ms. Wyatt as to
the status? Please let me know if you need any additional information. Thank you for your assistance.
Sincerely,
-Ifeatirier S. PAVi5, NCLID; Senior Environmental Specialist
Charlotte - Mecklenburg Storm Water Services
Water Quality Program
700 North Tryon Street
Charlotte, NC 28202
980 - 721 -3571 mobile
704 - 336 -4391 fax
Consider the environment before printing this email or the attachment.
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June 13, 2008
CERTIFIED MAIL 7007 1490 0004 4505 8725
RETURN RECEIPT REQUESTED
Mr. Jamie Rolewicz
P.O. Box 1677
Cornelius, NC 28031
Subject: Restoration Plan Review and Comments
NOV # 2008 -WQ -0048
16709 Tinker Place, Cornelius, NC 28012 Mecklenburg County
Dear Mr. Rolewicz,
The Division -of-Water Quality (DWQ) has reviewed your restoration plan submitted by Environmental
Design, P)A This plan was submitted in response to NOV # 2008 -WQ -0048. After review of the entire incident
file DWQ considers the sod in Zone 1 to be a violation of Catawba Riparian Buffer Rule 15A NCAC 02B .0243.
In addition, DWQ has determined that no replacement trees at this time are required to be planted. However, since
existing trees were over - limbed DWQ is requiring that a yearly survivability report be submitted to this office for
the next two (2) years, beginning with the first report to be submitted on June 30, 2009.
DWQ is requiring that all sod in Zone 1 be removed, and Zone 1 be restored to its original cover (a
combination of mulch, leaf litter, and pine needles), and allowed to return to a more natural state. Zone 2 must
remain vegetated. It is expected that the violation be resolved by July 7, 2008. Once the sod has been removed
and ground cover installed please submit written verification to this office.
Please note that this Office may develop a Recommendation for Enforcement to the Director of the Division
of Water Quality regarding these issues and any future /continued violations that may ,be encountered. These
violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for
each violation.
Should you have any questions regarding these matters, please feel free to contact Erin Fogarty at (704) 235-
2195. Thank you for your expected cooperation.
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
N C Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone [phone]
FAX [phone]
Customer Service ,
Internet. h2o.enr.siate.nc.us
Phone: [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
No ehCarohna
Natmra!!y

May 14, 2008
CERTIFIED MAIL 7007 1490 0004 4505 8640
RETURN RECEIPT REQUESTED
Mr. Jamie Rolewicz
P.O. Box 1677
Cornelius, NC 28031
Subject: NOTICE OF VIOLATION
Incident #200801401
NOV # 2008 -WQ -0048
16709 Tinker Place
Cornelius, NC 28012 Mecklenburg County
Dear Mr. Rolewicz
On May 8, 2008, staff from this office conducted a site investigation of 16709 Tinker Place. During
the investigation it was observed that violations of the Catawba Riparian Buffer Rule 15A NCAC 02B
.0243 had occurred. The buffer had been prepared and sodded, soils had been disturbed, and trees had
been removed and trimmed beyond their allowable limit. The impacts that were observed are not allowed
under the current regulation.
The Catawba Riparian Buffer Rule restricts development impacts within a 50 -foot wide area
beginning at the lake project elevation (in this case the 760 foot elevation of Lake Norman) and extending
landward. Zone 1 of the buffer consists of the first 30 feet from the project elevation and Zone 2 consists
of the remaining 20 feet. Please be advised that DWQ requires that no disturbance occur in Zone 1 and
the soils remain undisturbed. Limited disturbance can occur in Zone 2. Trees located within the buffer
must be less than 3 inches in diameter at breast height in order to be removed without prior written
approval from DWQ. The purpose of these rules is to protect and preserve riparian buffers in the Catawba
River Basin and to maintain the pollutant removal functions of these streamside areas.
The following violations, detailed below, were observed during the site inspection:
Catawba Buffer Rule 15A NCAC 02B.0243 (4) — Removal of Vegetation
Vegetation has been removed, and the soils prepared/disturbed.
This Office requests that you respond to this letter in writing with fifteen (15) days of receipt of this
notice. Your response should address the following items: -
1. Please provide a written explanation to this office as to why the violations occurred
within the buffer.
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone [phone] Customer Service
Internet: h2o.enr. state. nc.us FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
No e hCarolin
atura «y

Page 2
Tinker Place, Mecklenburg County
2. The riparian buffer must be restored to its original state. Thirty (30) native species
trees must be planted within Zone 1 of the buffer. These trees must be three -inch minimum
caliper, eight feet minimum height and must be monitored for two years to ensure survival.
All sod in Zone 1 must be removed, and Zone 1 must be restored to its original cover or mulch (and
allowed to return to a more natural state). Zone 2 must remain vegetated. It is expected that the
violation be resolved by June 30, 2008.
3. Submit a Restoration Plan to this office for review and approval. This plan must detail the
restoration of the buffers with response to this letter, additionally the plan must include the types of
native woody vegetation selected and the methodology of planting. Please see the Guidelines for
Riparian Buffer Restoration for assistance in developing your plan (available on the internt at
http://www.nceep.net/news/reports/buffers.pd ).
Please note that this Office may develop a Recommendation for Enforcement to the Director of the
Division of Water Quality regarding these issues and any future /continued violations that may be
encountered. Your above - mentioned response to this correspondence will be considered in this process.
This office requires that the violations, as detailed above, be abated immediately. These violations
and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for
each violation.
Should you have any questions regarding these matters, please feel free to contact Erin Fogarty at
(704) 235 -2195. Thank you for your expected cooperation.
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
DWQ Central Files
MRO Files