20090878 Ver 1_Notice of Violation_20090819

6A
NCDENR

Beverly Eaves Perdue
Governor

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

August 19,2009

Tony Lee Bebber &
Deborah H Bebber
4534 N. Center St.
Hickory, NC 28602

Subject: Notice of Violation and
Recommendation for Enforcement
NOV-2009-WQ-0057
DWQ #: 09-0878
Catawba Riparian Buffer Rule &
15A NCAC 2H .0500
ParcellD: 371519527069
Catawba County, NC

Mr. & Mrs. Bebber:

On August 12, 2009 this Office received your application for an "after-the-fact" 401 Water
Quality Certification for the shoreline stabilization project at the subject site. A review of the
submitted application showed a potential violation of the Catawba Riparian Buffer Rule. Further
investigation showed you purchased the property in August 2004 and home construction began in
2005. Aerial photos of the site showed the buffer was wooded during this time. However, a current
photo shows the trees had been removed from the buffer and grass planted. Also, the unapproved
installation of the riprap along the shoreline is a violation of 15A NCAC 2H .0500. Based on this
information, this letter is being issued as a Notice of Violation and Recommendation For Enforcement
for violation of the Rule (15A NCAC 2B. 0243) pursuant to North Carolina General Statute 143-214.1.

The 50-foot buffer consists of two zones: Zone 1 consists of the first 30 feet (ft) from the
project elevation (in this case the 935 ft elevation) extending landward and Zone 2 consists of the
remaining 20 feet of the 50-foot buffer. Runoff through and from Zone 2 must be diffuse flow. While
Zone 2 may be cleared of trees it must remain in vegetated cover, however, the total removal of trees
from Zone 1 is not allowed.

Be advised that the Division of Water Quality (DWQ) requires that approval be obtained prior
to conducting land disturbing activities in Zone 1 of the buffer. The impact in Zone 1 that was shown
in the application is not allowed under the current regulation. Zone 1 must be restored to its original
state. Twenty-two (22) native specie trees, 3 inch in diameter, 8 ft. in height, shall be planted
randomly through out the impacted area of Zone 1. Zone 1 shall be restored to its original cover or

Mooresville Regional Office
Location: 610 East Center Avenue. Suite 301, Mooresville. NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www.ncwateraualitV.ora

N<6rth Carolina
!Valurally

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with a mulch/straw blend (and allowed to return to a more natural state). It is anticipated that the
violation will be resolved by October 30, 2009.

It is requested that a written response be submitted to this office by September 7, 2009
indicating the actions taken to correct the noted violation. If you have an explanation for the noted
violation that you wish to present, please include that in your letter. 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. Any vegetation planted in response to
this NOV must survive. Failure to survive will require the vegetation to be replaced.

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. Until this matter is resolved, the permit for the shoreline stabilization will remain on hold.

If you have any questions, please address them (and your response) to the attention of Mr.
Alan Johnson at 704-663-1699.

Sincerely,

11 fl It... ~

Robert B. Krebs
Surface Water Protection
Regional Supervisor

Attachments

cc: Wade Harmon, Duke Power Lake Management
Amy Chapman, Wetlands Unit

, Pript Parcel Map

Page 1 of 1

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I Parcel Summary Printed Map Scale 1 inch = 78ft I
I Parcel ID: 371519527069 Parcel Address: 4534 N CENTER ST, HICKORY I * .
I Owner: BEBBER TONY LEE IIAddress: 3004 12TH AVE swll City: HICKORY I P l^...-~k s c.d
IOwner2: BEBBER DEBORAH HII Address2: II State/Zip: NC, 28602-4624 I . 6\..0<5 200L(-
I Building(s) Value: $385,900 II Land Value: $76,500 II Total Value: $462,400 I '

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and shall not be held liable for any and all damages, loss or liability. whether direct. indirect or consequential which arises or may arise from this map/report
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