HomeMy WebLinkAbout20211532 Ver 1_NOV-2021-PC-0564_20211116ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
November 16, 2021
Certified Mail: 7018 3090 0001 2318 9646
Return Receipt Requested
Ms. Sally Gambrell
Surf the Lake, LLC
5625 Fairview Rd.
Charlotte, NC 28209
Subject: Notice of Violation
Catawba Riparian Buffer Rule
NOV-2021-PC-0564
DWR #21-1532
150 Travis Point Dr.
Iredell County
Ms. Gambrell:
On October 26, 2021, an application was submitted for review regarding shoreline
stabilization at the subject site. During the review process it was observed by staff that impacts
had occurred in the Catawba Riparian Buffer without approval. Impervious area and structures in
the buffer requires approval from the Division of Water Resources. The impacts observed within
Zone 1 (30 ft. landward from full pond elevation) of the Catawba Riparian Buffer per 15A NCAC
02B .0614. are not allowed. Based on the observations at the site, this correspondence is being
issued as a Notice of Violation for the unauthorized impacts to the buffer and shoreline.
Required Corrective Action:
1) The impervious material and structures must be removed from Zone 1 and the area
restored to the pre-existing condition. Please see photo(s) below.
2) The requested shoreline stabilization application will be placed on hold, until this
issued is resolved.
3) It is anticipated that this matter can be resolved and the shoreline approval issued by
December 30, 2021.
If you have an explanation or any information/documentation related to the noted violation
that you wish to present, please respond in writing within fifteen (15) days of receipt of this Notice.
Your response should address a time line and a plan of action to achieve compliance. Please note
that pursuant to G.S. 143-215.6A these violations and any future violations are subject to civil
NORTH CAROLINAD_E
aPaMwnl of Enrl,annmenlal Ouelity
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699
penalty assessments of up to $25,000.00 per day for each violation. Failure to comply by the stated
date may bring further enforcement actions.
Thank you for your attention to this matter. Should you have any questions regarding these
matters, contact Mr. Doug Perez at doug.perez@a,ncdenr.gov or (704) 743-6872.
Sincerely,
Docu Signed by:
A41.411-4V El ;Paw for
F161 FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: Matthew Todd, Iredell County, mtodd@co.iredell.nc.us
Janice Estep, CBC, email
Shelton Sullivan — Compliance/Enforcement
Photo shows Catawba riparian buffer prior to impact
Unapproved buffer impacts, April, 2021.