20211622 Ver 1_NOV-2021-PC-0572_20211119

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
November 19, 2021
Certified Mail: 7018 3090 0001 2318 9660
Return Receipt Requested
Mr. David Brooks & Ms. Lori Mehen
3313 Old Chapel Hill Rd.
Durham, NC 27707
Subject: Notice of Violation
Catawba Riparian Buffer Rule
DWR # 21-1622
NOV-2021-PC-0572
242 Shoreline Loop Rd.
Iredell County
Mr. Brooks/Ms. Mehen:
On November 18, 2021, during an investigation as a result of a review of an application for a
shoreline stabilization project, it was observed that there were unauthorized impacts to the
Catawba Riparian Buffer at the subject site. During further investigation it was noted that
numerous trees had been removed from Zone 1 of the buffer. The impact observed within Zone 1
of the Catawba Riparian Buffer (15A NCAC 02B .0614) is not allowed. Based on the observations
at the site, this correspondence is being issued as a Notice of Violation for the unapproved impacts
to the buffer.
Required Corrective Action:
1) Tree Planting/buffer restoration: Six (6) trees, three inches (3") in diameter at breast
height, ten (10) feet in height, and of a native species (e.g. oak, sycamore, maple, river
birch, etc.) shall be planted in such a way as to be dispersed throughout the open area
in zone 1 of the buffer (right side of property facing the lake). Photos provided at
planting and prior to leaf fall in fall of 2022.
2) Native grass seed mix (no sod or maintain lawn seed mix) shall be applied. Zone 1
shall be restored and maintained as a natural buffer.
3) A sediment and erosion control barrier/silt fence shall be installed along the 30 ft.
boundary and be maintained to provide identification of the buffer till such time the
area has stabilized.
NO 1:1E
nenemtnn or En.ironmea.i mwitv
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

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 penalty assessments of up to $25,000.00 per day for each violation. Failure to plant the
trees by the stated date may bring further enforcement actions.
The application for the shoreline project will be on hold till the matter is resolved. In addition, it
is requested that Duke Lake Management and Iredell County hold any permits/approvals for this
site until the matter is resolved.
Thank you for your attention to this matter. Should you have any questions regarding these
matters, contact Mr. Alan Johnson at [e-mail] or [phone].
Sincerely,
r DocuSigned by:
H P;xy.e4
F161 FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: Lori Mehan/David Brooks, [e-mail]
Randy Jordan, Lyfe Marine, email
Jonathan Williams, Iredell County, email
Joe Kluttz III — Duke Lake Mgt., [e-mail]
Shelton Sullivan — Compliance/Enforcement

Catawba Riparian Buffer intact in 2019 aerial photo:
Catawba Riparian Buffer cleared in 2021 aerial photo:

2021 photo showing Buffer impacts:
Example of tree size replacement.