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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.