HomeMy WebLinkAbout20221705 Ver 1_NOV-2022-PC-0337_20220614ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 14, 2022
Certified Mail: 7018 3090 0001 2322 7317
Return Receipt Requested
Laurence A. Holbrook
Laura M. Holbrook
1586 Cloister Dr.
La Habra, CA 90631
Subject: Notice of Violation
Catawba Riparian Buffer Rule
NOV-2022-PC-0337
9119 Thackery Lane, Sherrills Ford
Catawba County
Mr. & Mrs. Holbrook:
On June 9, 2022, during an investigation as a result 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 approximately 1' of sediment had reached Lake Norman. The impact observed within Zone 1
of the Catawba Riparian Buffer (15A NCAC 02B .0243) 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) All sediment from the buffer and Lake Norman must be removed and placed back
within the project boundary. This must be accomplished by July 5, 2022.
2) All sediment removal from Lake Norman must adhere to Duke Lake Management's
guidelines.
3) 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 July 5, 2022.
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 will bring further enforcement actions. Thank you for your
attention to this matter. It is requested that Duke Lake Management and Catawba 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. Doug Perez at
doug.perez@ncdenr.gov or (704) 743-6872.
Sincerely,
EDocuSigned by:
t14,14to H 1:044 44.
F161 FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: Toni Norton, Catawba County, TNorton@CatawbaCountyNC.gov
Chad Broadway — Duke Lake Mgt., chad.broadway@duke-energy.com
Shelton Sullivan — Compliance/Enforcement
Photo of example ofsediment accumulation at9||9 Thackery Lane. June 9`2O22.
2018 Aerial photo of site prior to impact.
Photo of sediment on rip rap just above full pond. June 9, 2022.