20211500 Ver 1_NOV-2022-PC-0339 Clarification_20220804

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Edward Babcock
114 Tomahawk Dr.
Mooresville, NC 28117
Dear Mr. Babcock
NORTH CAROLINA
Environmental Quality
August 4, 2022
Subject: Notice of Violation — Clarification
DWR # 20211500
NOV-2022-PC-0339
2095 Northview Harbour, Sherrills Ford
Catawba County
On June 9, 2022, during an investigation because of a complaint, it was observed that there
were unauthorized impacts to the Catawba Riparian Buffer at the subject site. During further
investigation it was noted that approximately 3" of sediment from the site had impacted the buffer
and the entirety of the buffer had been grubbed and trees were removed. The impact observed
within Zone 1 of the Catawba Riparian Buffer (15A NCAC 02B .0243) is not allowed.
As of the date of this letter, some of the corrective actions have already been completed,
and this letter is to serve as a method of clarification as to what corrective actions are expected and
required.
Required Corrective Action:
1) All sediment in the buffer must be removed and placed back within the project
boundary. This must be accomplished by July 28, 2022. — Completed
2) Nineteen (19) trees three inches (3") in diameter at breast height, ten (10) feet in height,
and of a native species (oak, sycamore, maple, river birch) shall be planted in such a
way as to be dispersed throughout the buffer, i.e., at least 10' from center of tree to
center of tree. These trees may be dispersed throughout zone 1 and zone 2 of the
buffer, provided that at least 12 trees are within zone 1. This will ensure that the trees
survive and thrive once placed back in the buffer.
3) The trees must be planted by November 15, 2022, and shall be monitored for two
growing seasons. Should they fail to thrive, they shall be replaced as required. Photos
shall be submitted upon planting and annually prior to leaf fall.
4) The section of impacted buffer shall be returned/maintained in natural cover (e.g., eight
(8) inches of leaf litter, pine straw, and/or mulch) by November 15, 2022.

Failure to plant the trees by the stated date will 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 [e-mail] or [phone].
Sincerely,
Docu Signed by:
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for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ