Loading...
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.