20020659 Ver 1_COMPLETE FILE_20020419

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
06 6 9 North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
April 22, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Edwards, Partner
Norman Estates, L.L.C.
Post Office Box 892
Denver, North Carolina 28037
SUBJECT: Notice of Violation
Catawba Riparian Buffer Rules
Norman Estates, Lot 10
Lincoln County, NC
Dear Mr. Edwards:
On April 22, 2002 Mr. Michael Parker with this Office conducted a site investigation at the _
subject property for the purpose of evaluating the existing site conditions with regards to their compliance
with the Catawba River Riparian Buffer Rule (15A NCAC 213.043). Concerns raised by the
Department's Division of Land Quality Staff of the compliance of this site with the aforementioned rule
precipitated the investigation.
While conducting the site investigation, Mr. Parker observed what appears to be a possible
violation of the Catawba River Riparian Buffer Rule. The Buffer Rule restricts development impacts
within a 50-foot wide area beginning at the lake project elevation (in this case the 760' elevation) and
extending landward. Zone 1 consists of the first 30 feet from the project elevation and Zone 2 consists of
the outer 20 feet. During the April 22, 2002 investigation Mr. Parker observed that that the entire 50 feet
of the riparian buffer had been impacted, including the possible removal of trees. With a few minor
exceptions, practically all of the vegetation from both Zones of the Buffer had been removed from this
lot.
Please be advised that the Division of Water Quality requires that approval be obtained prior to
conducting land disturbing activities in Zone 1 including those uses identified as allowable in the Table of
Uses of the Rule. Much of the cutting and clearing in Zone 1 and Zone 2 that has been done on this lot
would not have been allowed under the current rules. Even if the removal of the vegetation as described
above occurred prior to the implementation of the aforementioned Buffer Rules, the riparian buffer zones
still apply to this property, and any future development within the buffer will need to comply with these
rules.
This office requests that you respond to this letter by May 6, 2002 detailing your plans to restore
Zone 1 of the riparian buffer. Your response should also include why you felt that your actions were in
compliance with the Rule even though your approved Sedimentation and Erosion Control Plan clearly
denoted the 50-foot buffer. Failure to either respond to this NOV or restore this area may result in a
Notice of Recommendation for Enforcement for the unauthorized impacts. Water Quality violations can
result in a civil penalty assessment of up to $25,000 per violation per day for every day the violation
continues.
N
Customer Service Division of Water Quality 919 North Main Street Mooresville NC 28115 704-663-1699
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Mr. Bill Edwards
April 22, 2002 i.
Page Two
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ITY SEC
If you have any questions, please contact Mr. Michael Parker or me at the Mooresville Regional
Office, [phone].
Sincerely
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Charles Gerstell, DLQ
Ann Duncan, DPC Lake Management
Bob Zarzecki, DWQ - Wetlands Group