DWR_20230228_201KeatsRd_TotalBuffer_disturbance_20230728

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 28, 2023
CERTIFIED MAIL #7018 3090 0001 2322 7072
RETURN RECEIPT REQUESTED
John and Deborah McClelland
201 Keats Road
Mooresville, NC 28117
Subject: NOTICE OF VIOLATION
0191TAV41-►AN1491%:J 21
CERTIFIED MAIL #7018 3090 0001 2322 7089
RETURN RECEIPT REQUESTED
Lancaster Custom Dock and Lift Systems, Inc.
Attention: Mark Lancaster
1156 Perth Road
Troutman, NC 28166
DWR 401 Water Quality Certification and Buffer Authorization Project #20230228
McClelland Shoreline
201 Keats Road, Mooresville
Iredell County
Dear Mr. and Mrs. McClelland and Lancaster Custom Dock and Lift Systems, Inc.:
On June 26, 2023, Arnie Hoy of the Division of Water Resources (Division) Mooresville Regional
Office conducted a site inspection in response to a complaint. Tony with RJ Kearney Construction
was present during the inspection. Mr. and Mrs. McClelland arrived at the site after the
inspection was complete and discussed what was found with Mrs. Hoy.
During the site inspection, Division of Water Resources staff observed that approximately 6,750
square feet of riparian buffer had been impacted by recent land clearing and land disturbing
activities. In addition, staff identified that trees and stumps were removed (grubbed), sand was
placed within the buffer, sandy beaches were created and replenished, and sand had eroded into
Lake Norman. A Division file review indicated that impacts to the buffer have occurred in excess
of the approved disturbances of the 401 Certification and Buffer Authorization. The 401
certification and buffer authorization DWR#20230228 was issued to John McClelland on March
8, 2023, for the McClelland Shoreline project.
Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection and subsequent file review:
The observed buffer impacts described above are violations of the Catawba River
Riparian Buffer Rule Title 15A North Carolina Administrative Code 02B .0614 as noted
below.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA -
oep,rmmammEnmron—UlQnl;\� 919.707.9000

DWR 20230228
McClelland Shoreline
Iredell County
Page 2 of 4
a. Title 15A North Carolina Administrative Code 02B .0614 (7)(a) of the Catawba River
Riparian Buffer requires that Zone 1 shall consist of a vegetated area that is
undisturbed except for uses provided for in Items (8) and (9) of this Rule.
b. Title 15A North Carolina Administrative Code 02B .0614 (7)(b) Zone 2 shall consist
of a stable, vegetated area that is undisturbed except for uses provided for in Items
(8) and (9) of this Rule. Grading and revegetating Zone 2 is allowed provided that
the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the
outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a
line perpendicular to the surface water. The combined width of Zones 1 and 2 shall
be 50 feet on all sides of the surface water along the Catawba River mainstem
below Lake James and along mainstem lakes in the Catawba River Basin.
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Immediately ensure that the site is stabilized, and that appropriate erosion and sediment
control measures are installed to ensure protection of Lake Norman.
2. Please explain how and why these impacts occurred in excess of the approved
disturbances of the 401 Certification and Buffer Authorization.
3. Submit a proposal to either restore all impacts from the land disturbing activities or
submit a request for a modification (see #5) to the Buffer Authorization previously issued
to you, DWR#20230228. Your proposal must be sent to this office for review and approval
prior to conducting any further activities within the buffers other than the installation
and/or maintenance of appropriate sediment and erosion control measures to protect
downstream water quality. The Division strongly recommends that you secure the
services of a qualified environmental consultant to assist you in resolution of these
violations.
4. Restore the site: Submit a buffer restoration plan with specific methods, materials and
completion dates for DWR approval. This plan should include the restoration of the 50 ft.
buffer along Lake Norman of all areas not authorized for impacts under Buffer
Authorization DWR#20230228. The Restoration Plan should include the requirements as
per 15A NCAC 02B .0295 (n) (2) which includes the following:
a) A map of the proposed restoration or enhancement site.
b) A vegetation plan that must be in compliance with 15A NCAC 02B .0295 (n)(2)
and include that at least four native tree species (or trees and shrubs) are
North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA 919.707.9000
oe"'tmem m Eevl,, me,w peel

DWR 20230228
McClelland Shoreline
Iredell County
Page 3 of 4
planted at a density sufficient to provide at least 260 stems/ acre at maturity and
at the completion of monitoring. This can be accomplished by planting 20 trees,
three inches (3") in diameter at breast height, ten (10) feet in height, and of a
native species (oak, sycamore, maple, river birch) and 20 shrubs that shall all 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. Restoration of trees/shrubs/forest must be
completed by the first subsequent planting season (November 1 through March
30).
c) A grading plan (if applicable). The site shall be graded in a manner to ensure
diffuse flow through the entire riparian buffer.
d) A monitoring plan to document the success of the restoration. The plan shall
include a proposed schedule and method for monitoring the vegetative status of
the restoration or enhancement site for five years, or before if released by DWR,
including the health and average stem densities of native hardwood tree or tree
and shrub species that are to be counted toward the required density.
Monitoring reports should be sent to Arnie Hoy, [e-mail] at the
DWR Mooresville Regional Office by June 1 of each of year for 5 years or before
if released by DWR. Also, as a part of the plan, include notification to DWR when
the restoration work has started and when it is completed.
5. Optional: Request to permit the buffer: Submit a buffer authorization certification
modification application for any impacts that will remain beyond the restoration
requirements as per 15A NCAC 02B .0611. Please note that the request for authorization
of additional impacts must be in compliance with 15A NCAC 02B .0614 and does not
guarantee approval.
Thank you for your attention to this matter. DWR requires that the violations, as detailed above,
be abated immediately and properly resolved.
Pursuant to G.S. 143-215.6A, the above -mentioned violations and any future violations are
subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each
violation. Your above -mentioned response to this correspondence will be considered in any
further process that may occur.
NORTHCAROLINAD_E Qom®
0"fte t of Enmmo—W nuei�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DWR 20230228
McClelland Shoreline
Iredell County
Page 4 of 4
This Office appreciates your attention to this matter and efforts to resolve the above noted
concerns. Should you have any questions regarding these matters, please contact Arnie Hoy at
[e-mail] or [phone].
Sincerely,
DocuSigned by:
fi�w N P:xf.
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Donna Hrko, Lancaster Custom Docks and Lift Systems, Inc.
Krysta Stygar, USACE Charlotte Regulatory Field Office
Shelton Sullivan, 401 & Buffer Permitting Unit
Jeffrey Chandler, DEMLR
Matthew Todd, Iredell County
Joe Kluttz, Duke Lake Management
MRO File Copy
NORTHCAROLINAD_E Qom®
0"fte t of Enmmo—W nuei�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Photographs of grubbed buffer, sandy beaches, staged sand in buffer, and tree removal at 201
Keats Road Mooresville, NC. June 26, 2023
D_ E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
MW ACnaouhn 919.707.9000
p�rEnro-memzi a�ar Mita nn

North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH NA _�
OeparUOant nt of Ol FEn mlrOnmaMnl Quality 919'707'9000

Aerial photographs of site prior to impact, May 2022 and during impact, April 2023
Aerial showing Parcel Prior to Impact Dated May 2022
During impact Dated April 2023
E Q North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH co �
oaPammaM of e mronwatal Quay 919.707.9000

Site photographs submitted with permit application DWR#20230228. Note: two trees
potentially in the 30' buffer removed without prior written authorization.
Picture 1: Tree in right corner removed. Picture 2: No pre-existing sandy beach
Picture 3: Tree in left corner removed.
pond/ Narmal Water
Shoreline
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Lake
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Approved Plan View: 20230228 Shoreline Stabilization Application Approved 3/8/2023. No
sandy beaches were approved. Rip rap not placed per Plan View.
ME Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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NORTH CAROLINA _
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