20140575 Ver 2_Notice of Violation_20150606

Ki*4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Barton G. Colson
Davidson Retirement Center, LLC
9310 NE Vancouver Mall Drive, Suite 200
Vancouver, WA 98662
Dear Mr. Colson:
Dear Mr. Colson:
Donald van der Vaart
Secretary
June 6, 2015 Q
JUN 2 : U
4 2015
DENR
401 R ;WATER Rco--
Subject: Catawba Riparian Buffer Compliance
Davidson Retirement Center
DWR# 14-0575
Mecklenburg County
On June 4, 2015, staff from this Office conducted an investigation at the subject site regarding a
complaint received concerning unauthorized impacts to the Catawba River Riparian Buffer as set forth in 15A
NCAC 02B .0243. During the investigation, there was some concerns with the work being conducted
installing the rip rap along the shoreline. The equipment being used appears to be excessive given the confined
space of the buffer. Trees were being scarred and trees were potentially being removed unnecessarily to allow
for the large equipment to operate.
As discussed at the site, though there is some leeway given to tree removal for shoreline work, greater
effort must be taken to prevent trees from being removed unnecessarily and utilizing the proper size equipment
for the job requirements. I also understand that there is a planting plan proposed for the buffer. Given what
was reviewed at the site, which should be sufficient to restore those trees that were removed. However, some
additional tree plantings may be required to fill in areas. Be advised that within the buffer the trees must be
native species.
A written response to this letter is requested by June 30, 2015. Please include in the response the
proposed planting plan for the buffer and the expectation of when the planting will occur. Thank you for your
prompt attention to this matter. Should you have any questions regarding this matter, please feel free to
contact me at (704) 663 -1699.
Sincerely,
Imo;
Alan Johns, nv. Sr. Specialist
Water Quality Regional Operations Section
cc: Shelton Sullivan- 401 and Buffer Permitting Unit
Ron Eubanks- Char -Meck Storm Water, Water Quality, 700 North Tryon Street, Charlotte, NC 28202
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone]\ Internet: www.nodenr.gov
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